General Warranty Terms and Conditions
1 DEFINITIONS
1.1 PRODUCER - GROMEX Sp. z o.o. Sp. k., 91b Starogliwicka St., 44-121 Gliwice entered in the register of entrepreneurs kept by the District Court in Gliwice VIII Economic Department of the National Court Register under KRS:0000718699, NIP: 9691629508, REGON: 36948923900000.
1.2. USER/BUYER - a consumer within the meaning of Article 22(1) of the Civil Code, Journal of Laws 2023.item 1610, a person who buys a PRODUCER'S product for purposes not related to such person's business, and an entrepreneur within the meaning of the Law on Entrepreneurs, Journal of Laws 2024.236
1.3 Seller - the entity selling the product: the PRODUCER or the PRODUCER's authorized distributor
2 RESPONSIBILITY
2.1 The PRODUCER shall be liable for non-performance or improper performance of the contract, except that such liability shall be limited to damage of an actual nature, excluding lost profits. The PRODUCER shall not be liable for any damage caused by improper selection of the Products, their improper use or use contrary to their intended use or instructions for operation and maintenance, as well as any damage the occurrence or extent of which has been influenced by the condition and properties of the infrastructure within which the Products are to be used, including in particular those elements thereof with which the Products are to be connected.
2.2 In any case, PRODUCER's liability for any damages not covered by the exclusion shall be limited to the Buyer's actual loss, in an amount not exceeding 100% of the contractual remuneration.
2.3 The PRODUCER shall not be liable to the USER for defects in the goods made by the USER using Products supplied by the PRODUCER.
3 GENERAL WARRANTY PRINCIPLES
3.1 The warranty shall be valid for a period of 24 months from the date of purchase of the product by a consumer within the meaning of Art. 22(1) of the Civil Code, Journal of Laws 2023.item 1610 for purposes not related to such person's business or for a period of 12 months from the date of purchase of the product by an entrepreneur within the meaning of the Law of Entrepreneurs, Journal of Laws 2024.236.
3.2 The date of purchase shall be the date listed on the sales document issued by the PRODUCER or the PRODUCER's authorized distributor and confirmed by a properly completed warranty card.
3.3 The condition for maintaining the rights under the warranty is to periodically carry out service and maintenance of the trailer in accordance with the manual of Gromex trailers and perform periodic inspections in accordance with the inspection card located at the end of the warranty card.
3.4 Only 1 warranty card document shall be issued for each product.
3.5 All PRODUCER services performed under the warranty shall be performed in accordance with the general warranty terms and conditions, PRODUCER product approvals, and applicable laws.
3.6 The warranty is valid only in the territory of the Republic of Poland.
3.7 The PRODUCER warrants that during the period for which the warranty is granted, the product is free from defects in material and workmanship and guarantees its correct operation according to the product specifications under normal operating conditions in accordance with its intended use and operating instructions.
3.8 In the event of a defect in the product, the USER must notify the PRODUCER or the authorized distributor from whom he purchased the product within 3 working days from the date of its discovery. The trailer must not be used until the defect is corrected. The PRODUCER or authorized distributor will provide instructions for further action.
3.9 Normal wear and tear of parts (e.g. brake pads, tires and light bulbs) are not covered by the warranty. The cost of delivering the product for warranty repairs and the cost of picking up the product after warranty repair from the service indicated by the PRODUCER shall be borne by the USER and shall not be reimbursed.
3.10. The PRODUCER undertakes to remove defects revealed during the warranty period free of charge in accordance with the rules contained in these General Terms and Conditions of Warranty by repair or replacement. The method of removal of the defect shall be decided by the PRODUCER.
3.11 Defects shall be corrected by the PRODUCER's service department or at the service department designated by the PRODUCER.
3.12 The cost of warranty repairs and replacement parts replaced under warranty for an identified defect shall not be charged to the USER.
3.13. The PRODUCER, except for the liability specified in the Warranty or resulting from mandatory legal regulations, shall not be liable for any damage caused by product defects or their untimely removal. Any further liability for indirect, consequential damages and lost profits (gains) is excluded.
4 WARRANTY COVERAGE / WARRANTY EXCLUSIONS
4.1 The warranty shall cover only the PRODUCER's product, i.e. the trailer (structural elements, chassis, body, running gear, installations) excluding equipment elements made by the USER's own hands or by order of the USER from other entities.
4.2 The warranty covers only defects arising from causes inherent in the sold product.
4.3 A defect in material and workmanship shall be deemed to be a defect inherent in the equipment causing its operation to be inconsistent with the PRODUCER's specifications.
4.4 The warranty does not cover:
4.4.1. defects and damages revealed or reported after the warranty period;
4.4.2. natural wear and tear of consumable parts such as brake linings and their components, brake cables and their components, tire tread, light bulbs, etc.
4.4.3. defects and damage caused by natural forces, such as hail, lightning, frost, water, salt, exposure to chemical substances, UV radiation, etc..;
4.4.4. defects and damage caused by force majeure.
4.4.5. operating components and items of equipment covered by a separate warranty, such as electric winch, hydraulic pump, etc;
4.4.6. improper use or application of the Product, damage to the subject matter of the warranty resulting from conduct inconsistent with the operating instructions, in particular from improper operation, maintenance, handling, storage, use of improper consumables;
4.4.7. defects and damage caused by making changes to the original form or function of the product, including malfunction of the product caused by a conflict between self-assembled components or parts;
4.4.8. defects and damage caused during transportation of the product, caused by improper assembly and protection of the product during transportation;
4.4.9. defects and damage resulting from repairs or interventions made by the Buyer or third parties without the prior consent of the Guarantor or contrary to the instructions given by the Guarantor
4.4.10. damage caused by the use of components and operating parts not recommended by the manufacturer or manufacturers of product components;
4.4.11. damage resulting from fortuitous events (electrical damage, fire, flood, traffic collisions and accidents, etc.);
4.4.12. mechanical damage and defects caused by them;
4.4.13. damage caused by the fault or ignorance of the user;
4.4.14. damage resulting from the operation of the device under conditions or in a manner inconsistent with the PRODUCER's specifications or operating instructions, including those resulting from overloading the product;
4.4.15. the activities described in the operating instructions, which the USER is obliged to perform on his own and at his own expense.
4.5 The USER forfeits his/her rights under the warranty in the event:
4.5.1. failure to comply with the instructions for use of the product, including use of the product contrary to its intended use and legal regulations;
4.5.2. failure to perform the maintenance activities described in the operating instructions; or failure to perform these activities within the appropriate time limits indicated in the operating instructions;
4.5.3. failure to perform periodic inspections to the extent and on the dates indicated in the inspection card included at the end of the warranty card;
4.5.4. failure to report the defect immediately after its discovery, but no later than 3 working days from the date of discovery;
4.5.5. the discovery of incompleteness of the device, making, unauthorized repairs to the product, modifications and components of the trailer or design changes.
5 EXERCISE OF WARRANTY RIGHTS
5.1 The USER shall be entitled to exercise the warranty rights in accordance with the warranty rules on the basis of the original and duly completed warranty card issued by the PRODUCER or the PRODUCER's authorized distributor, only if the rules of use and maintenance of the purchased product specified by the PRODUCER are observed.
5.2 The USER is obliged to present the proof of purchase and the original properly completed warranty card (i.e. issued on paper with a hologram, with the seal of the PRODUCER, in the case of sale by an authorized distributor with the seal of the distributor, the number of the proof of sale, date of sale, name and type of trailer, serial number, VIN number and legible signature of the person issuing the warranty).
5.3 Periodic maintenance of trailers and performance of periodic inspections are not performed under this warranty and are performed for a fee.
5.4 In the case of warranty services, the USER shall deliver and collect the product to the place indicated by the PRODUCER at his own expense and risk.
5.5 Warranty claims may only be considered and settled by the PRODUCER. Recognition of a claim for trailer components manufactured by other manufacturers, suppliers of the PRODUCER, such as complete axles including drums, overrun devices, braking system, lighting, winches, supports, support wheel, etc., is subject to recognition of the validity of the claim by the manufacturer of the affected component.
5.6 Any defect must be reported no later than 3 days from the date of discovery, with the presentation of the original or a copy of the purchase document:
5.6.1. in person at the registered office of the MANUFACTURER or the authorized distributor from whom the trailer was purchased, or
5.6.2. by email to: reklamacje@gromex.pl
5.6.3. send in writing by regular mail to: GROMEX Sp. z o.o. sp.k., 91b Starogliwicka Street,44-121 Gliwice.
5.6.4 Claims under the warranty made without observing the procedures and deadlines set forth herein shall not be processed.
5.6.5 The date of application in the situation specified in item. 5.6.3 above shall be the date of posting of the application at the Post Office according to the postmark.
5.6.6. In the case of complaints by e-mail or mail, the complaint must be accompanied by photos of the advertised item and, if possible, photos showing the reason for the complaint.
5.6.7 The claim shall be accompanied by a completed and personally signed by the USER report available on the manufacturer's website: www.gromex.pl
5.7 Before delivering the product for warranty repair, the USER is required to contact the PRODUCER by phone for the first verification of the actual product defect by the PRODUCER's technical consultants, who can solve the problem remotely or confirm the need to send the product for service.
5.8 The USER is obliged to provide written information about any modifications made to the product, in particular additional devices or components installed, before handing over the product to the PRODUCER. In the absence of such information, the risk of accidental loss or damage to these components shall be borne by the USER.
5.9 The PRODUCER shall make every effort to have the defect repaired within 21 working days (excluding public holidays and bank holidays) from the time of delivery of the defective product to the PRODUCER or notification of the defect in case of services performed at the place of damage to the device. The PRODUCER reserves the right to extend this deadline in case of the need to import components for repair from outside the territory of Poland or in other justified cases, of which the USER will be informed.
5.10 The PRODUCER shall have the right to charge the USER with the cost of maintenance services if the complaint turned out to be unfounded, i.e. the damage was not covered by the warranty or the device turned out to be operational.
5.11 Parts and equipment replaced by the PRODUCER shall become the property of the PRODUCER.
5.12 Warranty repair is documented by a protocol and an entry in the inspection card included in the warranty card.
6 OTHER CONDITIONS
6.1 The Warranty Card and the provisions of this warranty shall take precedence over factory warranties and manuals or other documents included with additional accessories sold with the trailer.
6.2 The PRODUCER reserves the right to refuse to provide services if the performance of such services would threaten to violate the provisions of the standards contained in its Certificate of Approval for a given product.
7 WARRANTY EXPIRATION
7.1 Warranty rights shall be extinguished in full if the USER, either by himself or through an entity other than the PRODUCER/authorized distributor, attempts to repair, or makes alterations or structural changes to the warranty item.
7.2 The Buyer's rights under the warranty shall automatically expire upon expiration of the warranty period.
8 HANDLING
8.1 This Warranty does not exclude, limit or suspend USER's rights under the warranty for defects of the sold item.