General Delivery and Warranty Conditions

 1. The subjects of these delivery and warranty conditions are the manufacturing or sale of the goods stated in the contract, and the conditions under which this manufactured work or this sale of goods takes place. When these General Delivery and Warranty Conditions use the term:
 
– manufacturer, then the seller is meant in the case of a purchase contract;
– orderer, then the buyer is meant in the case of a purchase contract;
– work, then the goods are meant in the case of a purchase contract.
 
2. The manufacturer will supply the work in the amount and the variant set by the contract.
3. The manufacturer’s products use high-quality materials and workshop craftsmanship.
4. The manufacturer undertakes to ensure that the work will be supplied in a variant that is suitable for the purpose set in the contract; or, if no purpose is set in the contract, then for the purpose for which such a work is typically used.
5. If not stated otherwise in the contract, the warranty period for a work (in the case of a contract for a work) is 6 months, and for goods (in the case of a purchase contract) is 24 months from contract acceptance.
6. An undelayed announcement in writing regarding defects found in the manufacturer’s work is a requirement for successful application of a part-defect claim (hereinafter “warranty claim”). After receiving a warranty claim and evaluating defects, the manufacturer shall announce to the orderer whether or not it will accept the warranty claim or for what reasons it is refusing the claim. The warranty period is extended by the amount of time during which the work is being repaired during the warranty period. If the orderer specifically requests it of the manufacturer, then he or she will be issued a confirmation of the performed repair; otherwise, all warranty repairs are registered in the manufacturer’s records. The rights arising from responsibility for defects in the work or the sold item cease to exist when the warranty period expires, and as applicable under the conditions listed below.
7. In the case where a facility includes a metal retort, a warranty on its good workmanship and correct function exists for 6 months from when the retort is brought into operation, but at maximum for only 9 months from the retort’s delivery.
8. Unless agreed otherwise, all servicing is performed at the orderer’s production plant.
9. For repairs during the warranty period that cannot be fixed at the orderer’s plant, the manufacturer will arrange for transport and pay for it in full. This transport must be agreed upon with the manufacturer and confirmed in writing. Unless previously agreed in writing, the orderer shall not pay for the costs connected with bringing a representative of the manufacturer to the orderer’s plant for repairs.
10. The costs connected with warranty repairs (the service technician’s work, materials, travel expenses, and travel time) are paid for by the manufacturer.
11. The orderer is required to always apply their warranty claims for defects in the work solely through the manufacturer. If the orderer has a work repaired during the warranty period by an entity other than the manufacturer, then the orderer has no applicable claims towards the manufacturer for reimbursement of the incurred costs. In the case of repairs or other adjustments to the work or sold item during the warranty period by a party other than the manufacturer, the orderer loses the right to provision of warranty; i.e. the warranty is void.
12. During the warranty period, only the manufacturer’s service technicians are allowed to intervene in a furnace’s design, electrical installation, and regulation system. In the case of a violation of this point, the orderer loses the right to provision of warranty; i.e. the warranty is void.
13. During the warranty period, a facility may not be used without the manufacturer’s express agreement for any purpose or using any technologies or in any other way than for which it is intended. In the event that this point is violated, the warranty is void.
14. The orderer is obligated to inform the manufacturer without delay during the warranty period concerning any changes there may be in the conditions of the facility’s operation, especially in the case where its external atmosphere changes or there is a risk that aggressive compounds (HCl, Cl2, F, HF, SO2, H2S, SO3, etc.) will be created during the facility’s operation.
15. The orderer bears responsibility for maintaining, within the room where the facility will be located, the operating conditions defined in the ČSN 332000-5-51 standard:
 
 
Environmental temperature, relative humidity                      AB5  (from +5° C to +40° C, 5% through 80%)
Altitude                                                                                      AC1 (£ 2000m)
Presence of water                                                                     AD1 (insignificant)
Presence of corrosive substances                                           AF1 (insignificant)
Mechanical stress                                                                     AG1 (none)
Vibrations                                                                                 AH1 (mild)
Ground contact                                                                        BC4 (permanent)
Personnel competence                                                           BA4 (trained personnel)
     
 
16. Post-warranty service is billed as per the manufacturer’s rate sheet. A preliminary repair calculation can be drafted upon request.
17. The orderer declares that he or she understands the general physical principles behind heat transfer and are aware that temperature distribution is entirely different when a temperature rises than when a temperature is maintained at a stable value, and above all is dependent upon the distribution of the burning aid, the distribution of the charge, the type and amount of the charge, the shape of the required temperature curve, the facility’s technical state, power-grid voltage, and other factors.
18. When the orderer makes an unjustified warranty claim, the orderer shall pay for the costs connected with this claim (i.e. the work of the service technician, material, travel expenses, and time spent on the journey).
19. In the event that a test firing is part of a furnace’s delivery, the orderer is to supply the charge at their own expense and, when loading it, to precisely follow the manufacturer's instructions. The manufacturer bears no responsibility for any damage to the charge suffered during test firing.
20. When replacing a crucible, we recommend, in the case of damage, also replacing the concrete sheet, the base, or the side supports.
21. This warranty does not apply for:
 
– door insulation or silicon and sealing cords;
– heating elements that are considered to be consumables;
– crucibles and their bases for furnaces;
– alloy protective collars for melting furnaces that are considered to be consumables;
– concrete or ceramic sheets for furnaces that are considered to be consumables;
– crucible side supports for tilting melting furnaces that are considered to be consumables;
– metal covering sheets at the bottom of a furnace that are considered to be consumables;
– “hairline cracks” in brick linings or chamber furnaces, which are a standard phenomenon and do not affect a furnace’s functionality;
– partial deformation on the order of a few millimetres (depending on the furnace size and type, up to 30 mm) caused by thermal expansion of sheet metal circulation inserts and muffles, which do not affect a facility’s operation and functionality, with the same also applying for metal retorts;
– spaces between insulation blocks in thermal insulation that can arise after bringing a furnace into operation and which the orderer can fill with spare insulation supplied together with the furnace;
– ordinary component wear and tear connected with the use of the facility;
– defects caused by improper handling or manipulation of the part by the orderer;
– defects caused by fluctuations in the electrical network;
– defects in connection with the elements, or other acts of God;
– defects arising in connection with violation of, or failure to respect, instructions for installing, controlling, and running the facility;
– damage to the facility caused by its use for purposes other than those for which it is made;
– damages caused by violations of work safety guidelines;
– defects (especially in insulation and heating elements) caused by the action of aggressive substances such as oxides of heavy and non-ferrous metals, iron oxides, and alkali salts.
 
22. The manufacturer likewise is not responsible for:
 
– damages and defects in the products produced or heat-treated within the work;
– damages to the health or property of the user or other persons;
– damage and loss of earnings due to a defect and its repair, maintenance of the work during the warranty period if the manufacturer has not violated their duties from their obligatory relationship, and said maintenance after the warranty period;
– accessories for a work that are not a catalogue-listed part of that work, unless otherwise agreed to in the contract on the work or in the purchase contract.

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