Warranty, Guarantee And Product Liability - Austria Email HR 200 Notice D'utilisation Et De Montage

Warranty, guarantee and product lIabIlIty

The warranty is granted in accordance with the statutory provisions of the Republic of Austria, as well as of the EU.
1. Prerequisite for the provision of warranty services by Austria Email AG (hereinafter referred to as AE AG) shall be the presentation of the paid invoice for the purchase of the
device for which the warranty service is claimed, whereby the identity of the device with regard to the model and the manufacturing number must be evident from the invoice
and must be documented by the claimant. The General Terms and Conditions, Terms and Conditions of Sale and Delivery of AE AG shall apply exclusively.
2. To the extent required by the law, respectively in the Operator's Manual and Installation Instructions, the assembly, erection, connection and commissioning of the unit for
which the claim is presented must have been carried out by a licensed electrician or installation firm, duly observing all applicable rules. The tank (without outer shell and
plastic outer shell) must be protected from sunshine to avoid discolouring of the PU foam and potential warping of plastic components.
3. The room in which the device is operated must be free of frost. The unit must be mounted in a location that may reasonably be expected, i.e. it must be possible to access
and replace the unit without difficulty for the purpose of necessary maintenance, repairs 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 part of AE AG. If the
water boiler is set up and operated in uncommon locations (e.g. attics, living rooms with water-sensitive floors, store rooms, etc.), the possibility of water leakage must be
taken into account and provisions made for collecting and discharging the water leakage in order to prevent secondary damage within the meaning of product liability.
4. The following is not covered by the warranty and guarantee:
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), Insufficient 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., ingress of foreign particles or electrochemical influ-
ences (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. In the case of an authorised complaint, this must be reported to the next available customer service location of AE AG. The same reserves the right to decide whether a
defect component shall be replaced or repaired or whether a defect device shall be replaced by an equivalent fault-free device. Furthermore, AE AG explicitly reserves the
right to request that the rejected device be returned by the buyer.
6. Repairs under warranty must be performed exclusively by persons authorised to do so by AE AG. Replaced parts shall remain the property of AE AG. If a repair of the hot
water heater should be required in connection with necessary service work, the Manufacturer shall invoice these as repair and prorated material costs.
7. Any intervention by third parties without our express instruction, even if performed by a licensed electrician, shall have the effect of voiding the warranty. Costs for repairs
carried out by third parties shall be replaced only if AE AG has previously been requested to remove the defect and if AE AG shall have failed to satisfy its obligation to replace
the defective item or repair the defect or if it shall have failed to do so within a reasonable period of time.
8. Neither the performance of works under warranty or guarantee, nor the performance of service and maintenance works shall renew or extend the term of warranty.
9. Transport damage shall be investigated and possibly accepted only if it is reported to AE AG in writing on the next following workday after delivery at the latest.
10. Claims over and above the warranty, if legally permissible, in particular claims with respect to compensation of damages and consequential damages, shall be excluded.
Prorated labour time for repairs as well as the costs of restoring the original condition of the unit must be paid in full by the buyer. In accordance with this warranty declaration,
the warranty shall apply only to repair or replacement of the unit. The provisions of the Terms and Conditions of Sale and Delivery of AE AG shall, unless amended by these
Terms and Conditions of Warranty, remain fully in place.
11. Services that are not performed within the scope of these Terms and Conditions of Warranty shall be charged.
12. No claims under warranty shall be considered by AE AG unless full payment for the device has been made to AE AG and unless the claimant has fully satisfied all obligations
arising to him vis-à-vis the seller.
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. With regard to the assertion of claims pursuant to the Austrian Product Liability Act it must be noted:
Potential claims under the title of product liability relating to the regulation of damages due to a defective product (e.g. a human's body is injured, his health is damaged or
any corporeal property differing from the product is damaged) shall only be justified if all the prescribed measures and requirements for flawless and normal operation of the
unit have been fulfilled.
These include e.g. the mandatory and documented anode replacement, the connection to the correct operating voltage, any damage due to improper use must be avoided,
etc. These standards are based on the assumption that if all the regulations (standards, assembly and operating instructions, general guidelines, etc.) are observed, the de-
fect in the unit or product causal for occurrence of the secondary damage would not have occurred. It is further imperative that all the documentation necessary for handling
of a claim, such as e.g. the type and fabrication number of the unit, the vendor's invoice and the invoice of the licensed electrician or installation firm, as well as a description
of the malfunction be provided, as well as the defective unit itself for examination in the lab (absolutely necessary, as the unit will be investigated by an expert and the cause
of the defect analysed). In order to exclude any possibility of mistaken identity of the unit during transportation, the unit must be labelled with a clearly legible label (ideally with
the end customer's address and signature). Appropriate photographic documentation of the extent of damage, the installation (cold water inflow, hot water outflow, heating
inflow and outflow, safety fittings, expansion vessel if applicable), as well as the defective part of the tank is required. AE AG further expressly reserves the right to demand
the submission of documentation and units or unit components by the buyer for the purpose of clarification.
The damaged party's full burden of proof that the damage was caused by the product of AE AG is prerequisite for the payment of any benefits under the title of product
liability. Claims for damages pursuant to the Austrian Product Liability Act are moreover justified only for any amount exceeding the amount of 500 euros (deductible amount).
Until all the facts and circumstances as well as the problem causally underlying the defect have been ascertained, any possible fault on the part of AE AG shall be ruled out
explicitly. Any non-observance of the operating and assembly instructions as well as the relevant standards shall be deemed negligence and shall result in an exclusion of
any liability for damages.
The figures and data are not binding and may be amended without notice in the interest of technical improvement.
Misprints and technical changes reserved.
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