General Terms of PROTEM's LIMITED WARRANTY
For Equipment, Machinery, Devices, and Spare Parts
1. DEFINITION OF WARRANTY
Protem Group S.A. (hereinafter referred to as the "Company") guarantees that the products, devices, machines, or the individual electrical, electronic, mechanical equipment, or spare parts of all the above (hereinafter referred to as "products") supplied by the Company to the Buyer (hereinafter referred to as the "Customer") function without issues, in accordance with their specifications, and are free from manufacturing defects. The warranty covers any defect or damage solely due to the manufacturing of the products or faulty components. The warranty is exclusively for the original buyer of the products (the original customer) and is not transferable without the written notification and consent of the Company.
2. WARRANTY DURATION
If the warranty period is not explicitly specified in the Contract or the related Offer or Pro Forma Invoice for the purchase of the products, then a 12-month warranty applies. The period starts from the date of issue of the Shipping Note for the product by the Company.
If the Company deems that a product or its parts are used by the Customer more intensively than is reasonable or according to industry best practices, the aforementioned time periods may be reduced accordingly by the Company's decision, which must be communicated in writing to the Customer to be effective.
3. WARRANTY TERMS
The Company's Limited Warranty is governed by the following terms:
3.1. For products replaced or repaired under warranty by the Company, the Customer is not charged for the full labor cost of the repair or the cost of spare parts, as deemed necessary by the Company.
3.2. The Customer must notify the Company in writing immediately upon discovering a defect or damage to a product under warranty and follow the Company's instructions. Any defect, problem, or malfunction must be explicitly stated, and the Customer is required to provide the Company with all necessary information for investigating and identifying the problem.
3.3. At the Company's discretion, it will repair or replace a defective product under warranty. In the case of repair, the work will be carried out by the Company's technical staff or its authorized partners at a location decided by the Company.
3.4. The transportation and handling costs of the product for repair to the Company's headquarters (or the repair location if different) and the cost of returning the product to the Customer's premises are borne exclusively by the Customer unless otherwise agreed.
3.5. In the event the Customer sends a defective product as instructed by the Company, the product must be packaged in a way that maximally protects it during transport while also allowing the Company's technician easy access to the issue.
3.6. Before sending any product for repair, written communication must occur between the Customer and the Company regarding the shipment. A product sent without a Shipping Note and without prior notification and agreement from the Company will not be accepted and will automatically be returned at the Customer's expense.
3.7. If the Customer is unable or unwilling to send the product for repair under warranty to the Company, the Company may, if technicians are available, send its personnel for on-site repair of the product at the Customer's premises. This option is at the Company's discretion and only if there are valid and real reasons preventing the shipment of the equipment to the Company. In such cases, the labor costs of repairing the equipment and the cost of spare parts are borne by the Company, while the Customer bears all travel expenses (mileage compensation, travel time, meals, etc.) for the technicians. The travel expenses are calculated based on the Company's official Service Price List.
3.8. The Customer has the right to carry out corrective repairs or replacements only with written permission from the Company and provided the problem has been identified and confirmed. Corrective repairs by the Customer are allowed only in exceptional cases (such as emergencies or when a Company technician is unavailable for a reasonable time). If the Customer carries out corrective repairs or replaces equipment under warranty with the Company's consent, depending on the case and following a written agreement, the Company will compensate the actual economic cost of the repair or replacement of the Customer's defective equipment. Costs arising from preparatory and auxiliary work are not included. Also, the Company does not compensate for overtime or work done on weekends, official holidays, or for any transportation expenses.
3.9. The Company is not liable for any indirect or consequential damage or loss, such as lost profits, production downtime, interruption or disruption of operation, loss of business opportunity, capital costs, substitute usage costs, third-party claims, or loss of use that the Customer may incur.
3.10. Mechanical parts, components, and equipment replaced under warranty by the Company automatically become the property of the Company without the Customer's consent. In any case where the Company requests that the Customer send the replaced products back with the required accompanying documents, the Customer is not entitled to refuse.
3.11. Any repair or replacement of parts of a product or the product itself does not extend the warranty period, which remains until the original expiration date.
3.12. In the event of replacing a component of a product, a warranty is provided for that component or spare part equal to the product's warranty period, starting from the date of replacement.
3.13. In the event of an inability to repair or replace a product under warranty, the Company's liability is explicitly limited to the purchase price paid for the product.
3.14. Any defect in a product under warranty cannot extend or invalidate the agreed payment terms.
4. WARRANTY EXCLUSIONS
The Company's Limited Warranty does not cover:
4.1. Normal wear and tear of the product or its parts, scheduled maintenance (such as lubrication, adjustments, inspections), or the replacement of consumables or wearable parts. The only exception is where a defect in the materials or workmanship that causes damage to consumables or wearable parts is identified.
4.2. Components, mechanical parts, and labor in cases where the repair or replacement requires minimal effort, such as sealing replacements, tightening components, minor adjustments, etc.
4.3. Defects and problems negligible to the operation of the equipment, such as dents or surface scratches.
(And so on for the remaining sections.)
4.4. Defects or errors caused by materials, components, or mechanical parts that have been specifically designed for the Customer, and whose specifications have been exclusively determined by the Customer.
The Company's Limited Warranty does not apply in the following cases:
4.5. For damages caused directly or indirectly by negligence, omission, misuse, incorrect installation, or any kind of tampering with the product by an unauthorized service.
4.6. When the damages are due to external factors that alter the texture of the product or affect its function (such as chemicals, toxins, salts, etc.), as well as for damages resulting from improper, incorrect, or faulty electrical installation or connection to a voltage other than the specified one. Lastly, for damages due to voltage fluctuations in the power supply network (e.g., from the power grid or a generator, such as power drops or surges).
4.7. The damage is due to poor grounding (e.g., increased resistance over time due to inadequate maintenance).
4.8. The damage is due to the use of welding devices during repairs or construction work, without the Customer receiving permission from the Company and without applying the necessary safety measures for this purpose.
4.9. The damage is caused by natural events such as lightning, floods, earthquakes, etc.
4.10. Damages resulting from incorrect use, inadequate or non-existent maintenance, according to the product's technical manuals or the general usage and maintenance instructions of the equipment.
5. THIRD-PARTY RESPONSIBILITIES AND GENUINE PARTS
The Company neither acknowledges nor accepts any responsibility for defects, errors, or incidents arising as a result of maintenance, repair, or replacement carried out by an unauthorized partner, without informing the Company and obtaining its written permission. Additionally, no claim is considered, and the warranty is automatically voided to the corresponding extent if any defect or error is caused by the use of spare parts, mechanical components, or consumables that are not genuine.
* PROTEM GROUP S.A. reserves the right to improve, upgrade, or modify the General Terms of its Limited Warranty without prior notice.