Terms and Conditions
Terms of Warranty for Goods
NOWAK Okucia meblowe Sp.K
- Warranty Terms:
- Subject
- These terms define the rules of liability under the warranty for sold goods and the procedure to follow in the event of a defect in goods purchased from NOWAK Okucia meblowe (hereinafter referred to as the “Seller”), hereinafter referred to as the complaint procedure.
- These terms define the rules of liability under the warranty for sold goods and the procedure to follow in the event of a defect in goods purchased from NOWAK Okucia meblowe (hereinafter referred to as the “Seller”), hereinafter referred to as the complaint procedure.
- Warranty Conditions
- The warranty covers the Seller’s liability for defects in goods purchased by an entity that is a contracting party to the sales agreement (hereinafter: the “Buyer”, “Purchaser”).
- The warranty is excluded if the Purchaser knew about the defect at the time of receiving the goods.
- A condition for exercising warranty rights includes in particular the proper method of storage, correct installation of the goods, and proper use.
- The Seller is not liable under the warranty for defects in the goods in the following cases:
- goods damaged mechanically, thermally, chemically, or otherwise due to the actions or omissions of the Purchaser or the influence of external factors, used contrary to the conditions provided in the user manual or improperly maintained
- as a result of improper use of the goods (not in accordance with the attached documentation and the intended use of the goods)
- damage resulting from incorrect installation by unqualified persons or persons lacking appropriate authorizations
- circumstances for which neither the Manufacturer nor the Seller is responsible, in particular due to improper or non-compliant installation, use, or other reasons attributable to the user or third parties, including intentional damage
- unauthorized repairs performed by unauthorized persons
- structural modifications of the goods made by the Purchaser or third parties
- damage to goods resulting from the use of non-original or producer-noncompliant consumables
- damage resulting from natural, partial, or complete wear
- damage resulting from random events (fire, flood, etc.)
- goods delivered to the Seller without proper protection
- at the customer’s request, we will provide technical documentation
- The Seller shall not be liable for damage caused during unloading of the goods.
- The Seller shall not be liable for damage caused by improper use or storage of the goods by the Buyer, nor for construction or design errors made by third parties.
- The Seller shall not be liable under the warranty if the Manufacturer of the claimed equipment is bankrupt or undergoing liquidation.
- Complaint Procedure
- In the event of a defect in goods for which the Seller is liable under the warranty, the Purchaser is obliged to file a complaint under the rules defined below.
- A condition for effective complaint submission is submitting the complaint immediately after the defect is detected, together with the furniture strength certificate.
- For defects that could not be detected despite careful inspection at the time of receipt, the Buyer must notify the Seller immediately (no later than within 7 days) after their discovery, under penalty of losing warranty rights.
- Notification of a defect must be submitted in writing (complaint submission), and the Buyer must make the defective goods available for inspection to the Seller together with the submission. All components purchased must be sent along with the goods.
- Goods submitted for complaint must be delivered in factory packaging or alternative packaging ensuring protection of the product during transport against mechanical damage.
- Complaint submissions addressed to the Seller may be delivered directly by the Purchaser or an authorized person, or sent by the Purchaser at their own risk and cost.
- The complaint submission must include:
- PURCHASE INVOICE NUMBER (full number)
- TYPE OF GOODS
- SERIAL NUMBER (if there is no serial number, write the word “none”)
- TYPE OF DEFECT – DESCRIPTION OF DAMAGE
- DATE OF DEFECT DISCOVERY
- DATE OF DEFECT SUBMISSION
- FURNITURE CERTIFICATION DOCUMENT
- The Buyer retains the right to warranty claims provided the above data and the corresponding invoice match.
- The complaint submission should additionally include all data regarding the complaint document that the Purchaser issued to their own customer in the given case. The Buyer should notify the Seller of a customer’s complaint no later than within 7 days of receiving it.
- Goods sent to the Seller that are not reported according to the above procedure will be returned at the Purchaser’s cost.
- The Seller confirms receipt of goods for complaint review by issuing a signed and stamped receipt. Receipt does not constitute acceptance of the complaint as justified.
- Resolution of Complaints
- The initiation of the complaint procedure does not release the Buyer from the obligation to pay for the delivered goods.
- The Seller’s liability under the warranty is limited to the value of the goods sold.
- The method of resolving the complaint is determined by the Seller.
- If the Seller believes that a technical expertise is necessary to determine defects, the Seller will take a position regarding the defectiveness of the goods after obtaining such expertise.
- The Seller is exempt from liability for non-performance or improper performance of the agreement if this is caused by defects related to improper manufacturing of the goods by the Manufacturer. In such cases, the Seller’s liability under the warranty is excluded. Warranty liability is also excluded if the Buyer performs repairs without the Seller’s written consent.
- Costs of the Complaint Borne by the Purchaser
- If it is determined during the complaint procedure that the complaint was unfounded, the Seller has the right to charge the Purchaser for the costs related to handling it.
- The Purchaser bears the cost of parts, components, and modules replaced during the complaint procedure that were damaged due to reasons attributable to the Purchaser and whose replacement was necessary for the proper functioning of the device or for verification of the complaint submission.
- After the complaint is resolved, the goods may be collected at the Seller’s headquarters or sent back at the Seller’s cost. The Purchaser has the right to choose the method of collection. The goods must be collected by the Purchaser within 2 months from the complaint resolution date.
- Subject
- Final Provisions:
- These Terms constitute the complete and sole contractual regulation binding the parties with regard to complaints concerning goods. Therefore, the parties exclude the application of any other contractual provisions. Any other regulations used by the Buyer do not apply.
- The provisions of these Terms may only be amended in writing under penalty of nullity.
- The place of issue/delivery of goods is the Seller’s headquarters. All disputes shall be submitted to the court having proper jurisdiction for the Seller.