General Requirements for the Storage, Instalment and Maintenance of the Products
Storage of the Product and its Packaging Before Installation
After delivery, the Buyer shall store the Product in a manner that ensures the preservation of the Product and its packaging without any damage. The Product and its packaging must be stored in a dry, well-ventilated place, avoiding direct exposure to the ground and ensuring protection from the weather (including direct sunlight and dampness); the storage of the Product in a room heated to a high temperature must also be avoided.
Storage of Documents and Data
The Buyer shall preserve all documents accompanying the Product (including the invoice, consignment note, CMR waybill, and assembly, installation and maintenance manual).
Product-Specific Installation, Use and Maintenance Requirements
In addition to the requirements set out above in this section, the Buyer shall store, use and maintain the Product in accordance with the requirements set out in the documents and manuals accompanying the Product.
The warranty for the Products is provided by Palmako AS, address Näituse 25, Tartu 50409, phone +372 744 6538, fax +372 744 6534, email firstname.lastname@example.org
Unless stated otherwise upon sale of the Product or in these Conditions, the Seller shall provide warranty for the Products for a period of two years, except for the Products on which a different warranty period is indicated. The warranty requirements related to the treatment of the Products are set out in the Treatment Warranty by Palmako AS.
The warranty period will start on the date of delivery of the Product to the Buyer. It is presumed that the date of delivery of the Product is the date indicated on the invoice issued to the Buyer for the Product. The repair or replacement of the Product within the warranty period shall not result in the extension of the warranty period or the providing of a warranty for a new warranty period. The warranty provided for the parts repaired or replaced within the warranty period applicable to the Product will expire at the date of expiration of the warranty provided for the Product as a whole.
The warranty applicable to the Product does not cover the installation of the Product or costs related to installation.
Requirements for validity of the warranty. The warranty shall be valid only if:
the Product has been bought from the Seller or its authorised reseller or via its official sales channels; the Buyer has paid all invoices issued for the Product by the time of the warranty event; the Product has been properly stored, installed, used and maintained (please see section 2 above); the Product has not been modified without the consent of the manufacturer. Warranty Events
Design defects, missing components, the use of materials not complying with the applicable quality requirements as well as all other defects of the Product that would result in the lack of conformity of the Product and the regarding of which as warranty events is not excluded hereby shall constitute warranty events.
The following shall not constitute warranty events:
- swelling, shrinking and simple splits resulting from the inherent physical properties and peculiarities of wood as a natural material;
- differences in colour and discolouration of the material due to exposure to sunlight;
- defects of the Product caused by: - unprofessional or wrong assembly; - failure to comply with the installation manual; - wrong handling or use of the Product, its components or materials or failure to comply with the requirements for storage and maintenance of the Product by the Buyer; - modifications to the Product or its components made without the prior consent of the Seller; - failure to fix the Product securely; - humans, animals or forces of nature such as a wind speed of seven or more on the Beaufort scale, natural disasters or other events having catastrophic consequences (e.g. a lightning strike, thunder or hurricane).
The Buyer shall lose the right to exercise the rights under the warranty if the Buyer:
• has not properly inspected the quantity, completeness of set and quality of the Product upon receipt if the defect of the Product would have been apparent on a reasonable inspection. The Buyer shall inspect the quantity, completeness of set and quality of the Products as soon as possible after having received the Product but definitely before installation;
• has not informed the Seller of the defect of the Product on time. The Buyer must inform the Seller of all problems related to the quantity, completeness of set and quality of the Product immediately but not later than within seven (7) calendar days after the Buyer has or should have discovered the problem;
• has submitted false information to the Seller in relation to the Product or the warranty event.
Rights Under the Warranty and Exercise Thereof
Under the warranty, the Buyer shall be entitled to request that the defects of the Product discovered within the warranty period be remedied in accordance with complaints procedure. The warranty shall not confer any other rights on the Buyer, including the right to request compensation for any damage sustained or expenses incurred by the Buyer. In order to exercise its rights under the warranty, the Buyer must submit a complaint to the Seller as set out complaints procedure. All possible differences of opinion relating to the existence and exercise of rights under the warranty shall be resolved as set out in complaints procedure.
The warranty provided by the Seller does not preclude or restrict the right of the Buyer to have to resort to other rights arising from law or the contract, including legal remedies.
Nothing herein shall prejudice the statutory rights of a Buyer being a consumer under a contract of sale, which cannot be derogated from by agreement.
These Conditions and the warranty provided by the Seller shall be subject to Estonian law. Estonian courts have jurisdiction to resolve all disputes related to the warranty; the competent court of first instance is the Tartu County Court (the Tartu Court House).