Warranty, Guarantee And Product Liability - Austria Email SISS 350 Instrucciones De Uso

Warranty, Guarantee and Product Liability

Warranty is made according to the legal provisions of the Republic of Austria and the EU.
1. The prerequisite for honoring of warranty terms on the part of the manufacturer (hereinafter referred to as Manufacturer) is presentation of a paid invoice for
the purchase of the appliance in question, whereby the identity of the appliance including model and fabrication number must be indicated on the invoice and
presented by the claim applicant. The General Terms and Conditions, Terms and Conditions of Sale and Delivery of the manufacturer shall apply exclusively.
2. The assembly, installation, wiring and startup of the appliance in question must, to the extent that this is prescribed legally or in the installation and operation
guide, have been performed by an authorized electrical technician or installer who has followed all the required regulations. The hot water tank (excluding outer
jacket or plastic cover) must be protected from exposure to direct sunlight to prevent discoloration of the polyurethane foam and possible cracking of plastic
parts.
3. The area in which the appliance is operated must be kept from freezing. The unit must be installed in a location where it can be easily accessed for maintenance,
repair and possible replacement. The costs for any necessary changes to the structural conditions (e.g. doors and passages too narrow) are not governed by
the guarantee and warranty declaration and therefore shall be rejected on the side of manufacturer. When erecting, installing and operating the water heater in
unusual locations (e.g. attics, interior rooms with water-sensitive floors, closets, etc.), provision must be made for possible water leakage and means provided
for catching the water with a corresponding drain to avoid secondary damage in the context of product liability.
4. Warranty claims will not be honored for:
inappropriate transport, normal wear and tear, intentional or negligent damage, use of force of any kind or description, mechanical damage or damage caused
by frost or also by exceeding the operating pressure stated on the rating plate, even if only once, use of connection fittings that do not comply with the standard,
use of defective tank connection fittings and unsuitable and defective service fittings. Breaking of glass and plastic components, possible colour differences,
damage due to improper use, in particular non-observance of the mounting and operating instructions (Operating and Mounting Instructions), damage by
external influence, connecting to incorrect voltage, corrosion damage as a consequence of aggressive waters (water not suitable for drinking) in accordance
with the national regulations (e.g. Austrian ordinance on drinking water, TWV – Fed. Law Gazette II No. 304/2001), deviations between the actual drinking water
temperature at the tank fitting and the specified hot water temperature of up to 10°K (hysteresis of the controller and possible cooling due to pipelines), Insuf-
ficient water conductivity (min. 150 μs/cm) operational wear of the magnesium anode (wearing part), natural formation of boiler scale, lack of water, fire, flood,
lightning, overvoltage, power failure or other types of force majeure. Use of non-original and company-external components such as e.g. heating elements,
reactive anode, thermostat, thermometer, ribbed tube heat exchanger, etc., Parts installed in an uninsulated condition with respect to the storage tank, ingress
of foreign particles or electrochemical influences (e.g. mixed installations), failure to observe the design documents, unpunctual and undocumented renewal of
the installed protective anode, no or improper cleaning and operation, as well as any deviations from the standard that reduce the value or functionality of the
device only slightly. Fundamental compliance with all regulations in ÖNORM B 2531, DIN 1988 (EN 806), DIN 1717, VDI 2035 or the corresponding national
regulations and laws must be ensured.
5. A justified claim must be reported to the closest customer service location of the manufacturer. The latter reserves the right to replace or repair a defective part
or to decide whether a defective appliance shall be replaced with a working one of equal value. The manufacturer furthermore expressly reserves the right to
require that the purchaser return the appliance in question.
6. Repairs made under warranty are to be performed only by persons authorized by the manufacturer. Replaced parts become the property of the manufacturer.
If any repairs to the water heater become necessary as part of necessary service work, these are charged at the cost of repair and prorated material cost.
7. Any work performed without our express order, even this is done by an authorized installer, will void the warranty. Assumption of the costs for repairs performed
by third parties presumes that the manufacturer was requested to eliminate the defect and did not or did not in timely fashion meet his obligation for replacement
or repair.
8. The warranty period will not be renewed or extended as a result of a guarantee and warranty claim, service or maintenance work.
9. Transport damage will only be inspected and if appropriate recognized if it has been reported in writing to the manufacturer no later than the weekday following
delivery.
10. Claims exceeding the terms of the warranty, in particular those for damage and consequential damages, are precluded insofar as these are legally permissible.
Pro rata work times for repairs as well as the costs for restoring the equipment to its original condition must be paid in full by the purchaser. The guarantee
provided extends according to this guarantee declaration only to the repair or replacement of the appliance. The provisions of the Terms of Sales and Delivery
of the manufacturer remain, insofar as they are not altered by these guarantee conditions, fully in effect.
11. There is a charge for services provided outside of the context of these guarantee conditions.
12 In order for a warranty claim to be honored by the manufacturer, the appliance must be paid for in full to the manufacturer and the claimant must have met all
his obligations to his vendor in full.
13. The enamelled internal boiler for water heaters is warranted for the specified period from the delivery date provided all warranty terms described under Points
1 to 12 are observed with in full. If the warranty terms have not been met, the legal warranty requirements of the respective country from which the appliance
was shipped shall prevail.
14. Claim satisfaction according to prevailing Austrian Product Liability Law:
Claims for compensation under the title of product liability are only justified if all prescribed measures and necessities for fault-free and approved operation of
the appliance have been met. This includes among other things the prescribed and documented anode replacement, connection to proper operating voltage,
prevention of damage due to improper use, etc. From these conditions it can be concluded that if all requirements are met (norms, installation and operation
guide, general guidelines, etc.), the device or product fault resulting in the secondary damages would not have occurred. Furthermore it is mandatory that for
processing of the claim the necessary documentation such as the part number and manufacturing number of the water heater, the seller's invoice and that of the
executing license holder as well as a description of the malfunction for a laboratory study of the appliance in question (absolutely required, since a specialist will
study the appliance and analyze the cause of failure) be provided. To prevent misidentification of the water heater during transport, it must be marked with a high-
ly visible and legible marking (preferably including address and signature of the end customer). Corresponding pictorial documentation indicating the extent of the
damage, the installation (cold water line, hot water outlet, heating outgoing and return, safety fixtures, expansion tank if present) as well as the defect location on
the water heater is also required. Furthermore the manufacturer reserves the express right to require that the purchaser provide all the documents and equipment
and equipment parts necessary for clarification. The prerequisite for performing services under the title of product liability is that it is the claimant's obligation to
prove that the damage was caused by the manufacturer's product. Damage compensation according to the Austrian Product Liability Law is subject to a 500
Euro deductible. Until the entire matter is clarified and the circumstances as well as determination of the causal factors are established, the manufacturer is held
faultless. Non-observance of the operating and installation guide and/or the relevant norms is considered negligent and will result in a liability disclaimer within
the scope of compensation for damages.
The illustrations and data are not binding and may be modified without notice when technical improvements are made.
Subject to printing errors and technical changes.
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Id.Nr.: 236921-13