Warranty, Guarantee And Product Liability - Austria Email DEX18 Gebrauchs- Und Montageanleitung

DEX 18 / 21 / 24 / 27 KW

15. Warranty, Guarantee and Product Liability

The warranty is granted in accordance with the statutory provisions of the Repu-
blic of Austria, as well as of the EU.
1. Prerequisite for the provision of warranty services by Austria Email AG (herein-
after 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 commissio-
ning 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 actu-
al 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 compon-
ents 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 electrochemi-
cal influences (e.g. mixed installations), failure to observe the design docu-
ments, 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. Further-
more, 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 neces-
sary 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 per-
formed 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 per-
formance 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 accor-
dance 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 Conditi-
ons 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 lia-
bility 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 prescri-
bed 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 defect 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 ves-
sel 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 documenta-
tion and units or unit components by the buyer for the purpose of clarificati-
on. 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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