note. His failing to do so, validates the shipment of the
items delivered.
9.2) A complaint outside of the terms voids the supplier's
warranty.
9.3)Should the buyer desire a handover inspection, he has
to have a written agreement to that end and all additional cost is to his account.
Should the handover inspection for whatever reasons
(that the supplier needs not stipulate), be delayed, then
the specifications that are to be checked shall count as
met until the opposite is proven.
Complaints do not void terms of payment.
10) Complaints on goods where the damage was not
discernable at delivery
Complaints on goods where the damage was not discernable at delivery (analogue to the procedure in point
9), should be made as soon as detected, latest however before the warranty runs out according to point
11.
11) Warranty/Starting Point and Duration
The equipment can only function correctly within the
warranty period, if the operational guidelines are adhered to.
The operational guidelines are an intrinsic part of the
delivered equipment and essential to its correct operations.
The operational guidelines are:
a) The operating manual with the instructions on
operating the equipment.
b) The specifications of compatible fuels for the
burner. (Refer to 1010-1, minimum requirements
on wood fuels, notices).
c) The handover protocol with the installation report
and the specifications of the fuel used at the point
of handover.
d) Maintenance and service plan.
e) Fulfilling and adhering to the legal framework.
If these are maintained, the following warranty periods
are valid:
11.1) 5 years on seal warranty for burners and tanks
Warranty on water tightness of water bearing, welded
construction such as the burner, heat storage tank
and utility water heater (electric heater not included),
is 5 years as of date of delivery.
11.2) 3 years on movable parts
Warranty on the all movable parts, such as firebox
door, fire-proof materials for coatings, grills, dedusters
etc. is 3 years as of the date of delivery.
11.3) 2 years electrical, motorized movable parts
Warranty on all electrical parts, such as controls, controllers, sensors for drives and motorized movable
parts such as drive motors, hydraulic units, hydraulic
cylinders, pushrods, extraction and feed worm, sluice
wheels, movable grills, valves, pumps, step down
gearing, chain drives, blowers, fire protection door,
motor covers etc. is 2 years as of the date of delivery.
11.4) Normal Wear, Oils and Lubricants
There is no warranty on parts subjected to normal
wear such as seals, etc. Also oils and lubricants, such
as hydraulic oils etc. carry no warranty. Normal wear
is also present in the fireproof coatings (surface wear,
wear around the edges, cracks etc) that do not lead to
any malfunction of the equipment- are not covered by
warranty.
New parts carry the stipulated new parts warranty. No
warranty extension on original parts that had no complaints.
12) Payment
12.1) Payment is done in accordance with the terms of
payment. It is not acceptable to withhold or suspend
payment because of complaints, outstanding credit
notes or not agreed upon charges to the account of
the supplier.
12.2) The terms of payment must be adhered to, even if
minor, non-essential parts are missing in the delivery
or must be reworked after delivery, as long as they
do not impair the operations of the equipment.
12.3) Should the buyer fall behind in the payment schedule
or not live up to certain agreed upon stipulations,
a) then the supplier may insist on the payment of the
outstanding amount in rates or delay agreed services
b) extend the terms of payment on the outstanding
amount
c) invoice the buyer with the entire outstanding
amount for immediate settlement
d) add the usual bank interest rates t the out-
standing amount or step away from the contract
after granting the buyer a reasonable period of
respite.
13) Liabilities
The supplier is not liable to the buyer for any losses
occurred due to interruptions in production, financial
losses, missed opportunities, breakdowns, lost contracts or any other economical transaction or for any
indirectly occurred losses.
14) Limits of Liabilities
Acts of God are unpredictable occurrences beyond
the control of either party and may be the cause the
contract not being partially nor totally fulfilled. Neither
party is then liable for breach of contract.
Acts of God in this case are:
Fire, conscription, confiscation, embargos, prohibition
of currency transfers, rebellion, unavailable means of
transportation, general lack of supply goods, limits set
to energy consumption, plane crash, volcanic eruption, earth quake, avalanche, landslides, hurricanes,
tidal waves, etc.