Betty 3 - 4.65m - Octagonal Gazebo

PALMAKO AS WARRANTY CONDITIONS AND COMPLAINTS PROCEDURE 1. General provisions 1.1. This document (the “Conditions”) governs the general requirements for the storage and maintenance of the products of Palmako AS (the “Seller”), the conditions of the warranty against defects and the procedure for submitting and handling claims and complaints arising from the warranty. 1.2. Unless stated otherwise, the Conditions shall apply to the sale of all products manufactured by the Seller (the “Product” or “Products”) by the Seller or an authorised reseller of the Seller’s Products regardless of whether the buyer is a person engaged in economic or professional activities or a consumer (the “Buyer”). 2. General requirements for the storage and maintenance of the Products 2.1. 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 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. 2.2. Protection from the weather. In order to protect the Product from the weather, the Buyer must treat the Product with a wood preservative immediately after instalment (except if the Product has already been treated with a wood preservative by the Seller). Depending on the type of the Product (a wooden building, laminated timber product or other end product made out of wood), the Product must be maintained as follows for the warranty to be in effect: 2.2.1. All wooden Products must be treated with a wood preservative and thereafter painted on a regular basis as this will significantly extend the lifespan of the Product. A wooden building (including the doors and windows) must be painted using generally approved paint meant for wooden buildings within 4 weeks from the erection of the walls at the latest. When painting or repainting the building, the specifications and instructions provided by the paint manufacturer must be followed. 2.2.2. When selecting a location for the wooden building, the Buyer must make sure that the Product will not be exposed to extreme weather conditions (areas that experience heavy snowfalls and strong winds); otherwise the Product should be attached to the subsoil (e.g. with anchors); 2.2.3. At least within the first three years, the shrinking bolts and threaded rods (if they are part of the Product set) must be tightened or loosened as necessary; 2.2.4. Foundation ventilation has to be ensured; 2.2.5. The roof covering must be regularly checked for leaks and ridge ventilation has to be ensured for insulated roof; 2.2.6. The Products must be protected against damage caused by humans, animals or plants (e.g. kicks, bumps, scratches, damage caused by pressure water or plant roots, etc.); 2.2.7. Holes that have appeared in the Product due to the knots fallen out have to be filled with appropriate wood-filler. 2.3. Storage of documents and data. The Buyer shall preserve all documents accompanying the Product (including the invoice, consignment note, CMR waybill, and assembly manual along with the inspection certificate) and shall ensure the preservation of the Product’s unique pack number (the pack number can be found on the label on the Product’s packaging and on the inspection certificate in the assembly manual). 2.4. Product-specific use and maintenance requirements. In addition to the requirements set out above in this chapter, the Buyer shall store, use and maintain the Product in accordance with the requirements set out in the documents and manuals accompanying the Product. 3. Warranty requirements 3.1. The warrantor. The warranty for the Products is provided by Palmako AS, address Näituse 25, Tartu 50409, Estonia, phone +372 7 355 530, fax +372 7 355 544, email contact@palmako.ee. 3.2. Warranty period. Unless stated otherwise upon sale of the Product or in these Conditions, the Seller shall provide warranty for the Products for a period of five years. 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. 3.3. The warranty applicable to the Product does not extend to roof covering materials, acrylic or glass surfaces, door and window hinges and joints, locking systems or other accessories for the Product not manufactured by the Seller. 3.4. Requirements for validity of the warranty. The warranty shall be valid only if: 3.4.1. the Product has been bought from the Seller or its authorised reseller or via its official sales channels; 3.4.2. the Buyer has paid all invoices issued for the Product by the time of the warranty event; 3.4.3. the Product has been properly stored, used and maintained (please see section 2 above); 3.4.4. The Product has not been subject to repairs or modifications which are not in compliance with the Product’s manual or use or maintenance requirements. 3.5. Warranty events. Design defects, missing parts, 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. 3.6. The following shall not constitute warranty events: 3.6.1. swelling, shrinking and colour variations resulting from the inherent physical properties and peculiarities of wood as a natural material; 3.6.2. branches and knots which do not affect the Product’s stability; 3.6.3. knot holes with a maximum diameter of 10 mm in wooden parts (including if they are located at the edges of the parts but have been concealed by the finishing); 3.6.4. small drying splits or cracks in wooden parts that do not pass through and do not affect the Product’s stability; 3.6.5. the twisting of wooden parts if they can nevertheless be installed; 3.6.6. resin pockets in wooden parts; 3.6.7. non-planed areas, colour variations, waning and knot holes in floor and ceiling boards if it is possible to place the boards such that the defects are concealed in the assembled Product (e.g. by turning the boards over); 3.6.8. the use of finger jointed parts in the walls or doors/windows of the Product; 3.6.9. defects of the Product caused by: - incompetent or incomplete assembly or a foundation being of an unsatisfactory quality; - wrong handling or use of the Product, its parts 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 parts made without the prior consent of the Seller; - too tight fixing of the Product’s storm braces, the screwing of the door frames or casings onto wall logs, etc., as a result of which wooden parts cannot freely expand and contract; - failure to protect the Product against stormy weather (by the use of, e.g., anchors, roof fixing, etc.); - 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 use of inappropriate roof covering (including if the load capacity of the roof of the Product is not taken into account) or wrong installation of the covering, or the installation of an insufficient insulation layer under the shingle or felt roofing in the process of roof construction; - the fact that the Buyer has stored the unassembled Product for more than a year; - the use of spare or additional parts or accessories which are not original parts and for the use of which no prior consent has been received from the Seller. 3.7. The Buyer shall lose the right to exercise the rights under the warranty if the Buyer: 3.7.1. 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 assembly; 3.7.2. 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 that within seven (7) calendar days after the Buyer has or should have discovered the problem; 3.7.3. has submitted false information to the Seller in relation to the Product or the warranty event. 3.8. 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 clause 4.3 below. 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 in clause 4.1 below. All possible differences of opinion relating to the existence and exercise of rights under the warranty shall be resolved as set out in clause 4.2 below. 4. Procedure for submitting and settling of complaints 4.1. Submitting of complaints. All complaints related to the Products must be submitted to the Seller in writing, by fax or email; the following data must be included in and documents enclosed with a complaint: 1) the name or code and pack number of the Product (can be found on the label on the packaging and on the inspection certificate being part of the assembly manual) as follows: PE-..........); 2) a copy of the inspection certificate being part of the assembly manual, including the Buyer’s description of the problem and suggestions for settling the matter, and the name and contact details of the Buyer; 3) a copy of the specification sheet(s) of the parts of the Product where the Buyer has clearly indicated the position numbers and quantities of the defective parts; 4) the Product’s purchase invoice. It is also strongly recommended that the Buyer should include a photo (or photos). 4.2. Differences of opinion on whether the complaint is justified. If the Parties are unable agree on whether the complaint is justified or on how to resolve the matter, the Parties shall seek the opinion of an independent expert chosen by them. The Parties shall pay the costs related to seeking an expert’s opinion in equal shares unless otherwise agreed by them. 4.3. Ways of settling the complaint. If there is a warranty event, or in other cases where a justified complaint relating to the lack of conformity of the Product for which the Seller bears liability is submitted within the warranty period: 4.3.1. the Seller shall, upon its sole discretion, decide on whether it will remedy the defects of the Product at its own expense, will replace the defective part(s) of the Product or will deliver the missing part(s). If the Seller is of the opinion that it would be unreasonable to repair the Product, the Seller is entitled to replace the Product instead of repairing it. If the Seller replaces the Product or its part, the Buyer must return the defective Product or its part to the Seller upon the request of the Seller. 4.3.2. In special cases, the Parties may agree that the Buyer will remedy the defects. In this case, the Buyer must submit an estimate of the expense of remedying the defects to the Seller beforehand. If the Seller approves the estimate, the Buyer must submit expense receipts and other evidence of incurring the agreed expenses to the Seller after having incurred the expenses. Only expenses directly related to remedying the defects which ensure that the defects are remedied in the most efficient and reasonable manner and which have been approved by the Seller are deemed to be justified expenses. 4.3.3. If agreed so by the Parties, defects can also be remedied or rectified in another manner. 4.4. Costs of carriage. The costs of carriage of the Product or its part(s) related to exercising the rights arising from the warranty or otherwise bringing a justified complaint shall be paid by the Seller, except if it turns out (including in cases where it transpires later) that there was no warranty event, the complaint was not justified or that the transport of the Product or its part(s) was pointless due to circumstances attributable to the Buyer. The Seller will reimburse any additional costs incurred by the Buyer (including costs of carriage) only if the Parties have agreed thereon beforehand. 5. Miscellaneous 5.2. The warranty given by the Seller does not preclude or restrict the right of the Buyer to have resort to other rights conferred by law or contract, including legal remedies. 5.3. 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. 5.4. These Conditions and the warranty given 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 Building). 5.5. The present version of the Conditions shall enter into force on 1 January 2015.