Without prejudice to the restrictions set out below, the contractor guarantees both the reliability of the products he delivers (not being a service) and the quality of the materials used and/or delivered for them, in as far as defects to a delivered product are concerned that were not visible during inspection or acceptance tests and in respect of which the client proves that they have occurred within 12 months after the delivery in accordance with article VI paragraph 3 exclusively or preponderantly as a direct result of an error in the construction used by the contractor or as a result of faulty workmanship or use of poor materials. The period of 12 months is based on operation which does not exceed 8 hours per day during 5 days per week. If the daily use of the product exceeds the agreed use, this period will be reduced accordingly.
Any defect covered by the warranty wil be removed by the contractor by means of repair or replacement of the faulty part, whether or not at the company of the client, or by sending a replacement part, this at the sole discretion of the contractor. All costs that exceed the sole obligation as described in the preceding sentence, including, but not limited to transport costs and travel and accommodation expenses as well as costs of disassembly and assembly/installation, are at the expense of the client. A new warranty period of 12 months will apply to repaired or replaced parts, on the understanding that any warranty expires as soon as 24 months after delivery of the product in accordance with article VI paragraph 3 have passed.
Inspection, advice and similar services provided by the contractor are not warranted.
The warranty does not cover defects that occur in or are wholly or in part caused by:
noncompliance with the operating and maintenance instructions or any use other than the anticipated normal use;
assembly/installation or repair by the client or third parties;
the applicability of any government regulation regarding the nature or quality of the materials used;
materials or goods used in consultation with the client;
materials or goods provided by the client to the contractor for processing; g. materials, goods, working methods and constructions, in as far as used on the express instruction of the client, as well as the materials and goods supplied by or on behalf of the client;
parts purchased by the contractor from third parties, in as far as the third party has not issued a warranty to the contractor or the warranty issued by the third party has expired;
the connection of the products delivered to piping or wiring that does not comply with the standards required by the contractor;
the use of unsuitable and/or contaminated types of oil/lubricants, the use of contaminated and wet compressed air, dirt in the product, or use of the product in an aggressive or otherwise unsuitable environment.
If the client does not comply with any obligation arising from the contract or any contract related thereto between the client and the contractor, or fails to do so in a prompt or proper manner, the contractor does not have any warranty obligations whatsoever in respect of any of these contracts, regardless of how such warranty is called. If the client proceeds or causes to proceed to the disassembly, repair or alteration of the product or other works to the product, any claim under the warranty will lapse.
Complaints with regard to defects shall be submitted in writing as soon as possible after having discovered them, within the warranty period. In case of discovery on the last day of the warranty period, the complaint shall be submitted in writing at the latest within 14 days after expiry of the warranty period. When these terms are exceeded, any claim against the contractor for those defects shall lapse. Legal actions must be filed within one (1) year of the complaint being made in good time, at the risk of such a claim lapsing.
If the contractor replaces parts/products in the fulfilment of its obligations under the warranty, the replaced parts/ products become the property of the contractor.
The alleged failure of the contractor to comply with his warranty obligations does not discharge the client from the obligations that arise for him from the contract concluded with the contractor.