These Warranty Policies („Policies “) are applied for all Products and Services (“Prod ucts”) that are sold by Hydraulic Elements and Systems PL C (“HES”) to each Customer (“Customer”).
HES warrants that that all Products will be free from defects in material and workm anship, under normal working conditions and if used in the correct way according to the usage specification, as is described in the documents accompanying the Pro ducts and accordingly with the agreement for sale between HES and the Customer.
The applicable warranty periods are as follows:
- 12 months from the date o f delivery for new Products;
- Rebuilt Products: If a product is rebuilt by a Service Center during the original new product Warranty Period, warranty on the re built item shall be as set forth herein and shall continue for the balance of the original Warranty Period, or for a period equal to 50% of the original new product Warranty Period, whichever is later;
The warranties set forth herein are in lieu of and to the exclusion of all other warranti es, whether expressed, implied, or statutory or otherwise, including specifically, but not by way of limitation, any implied warranties of merchantabilityor fitness for a particular purpose.
During the Warranty Period, HES shall repair or replace those products or their part s found by HES to be defective in material or workman ship at time of original shipment, provided that HES or its authorized representative is first advised in w riting within the applicable Warranty Period of Cu stomer’s contention of such defect, and that the product o r, if applicable, the part in question is made available for inspection by HES or its authorized representative.
To facilitate inspection, HES may request return of the Product and/or part the Customer contends to be defective. Products should not be returned without a prior written agreement from HES. The Customer is obliged to pay all the shipping costs for the return of such Products back to the HES Service Center.
HES shall not be liable for labor costs or any other expenses incurred in removing or r einstalling products or parts. HES’ liability, whether of warranty, negligence, or otherwise, is limited to the repair or replacement as herein provided or, at HES’ sole option, to a refund of the purchase price. This shall be HES’ maximum liability and under no circumstances shall HES be liable for any indirect, special, incidental, consequential, or other similar damages from any source whatsoever (including, specifically, but not limited to loss of profit, loss of business, or any other financial loss by Customer or any third party).
Warranty claims must be made wit hin 30 days of the defect occurrence, otherwise they will be rejected. This warranty can not be transferred up on resale of the Product from the first customer to the next.
If the Customer grants warranty on HES Products of greater scope than the warranties p rovided by HES herein, or extends any Warranty Period be yond the applicable period described in “WARRANT Y PERIODS,” Customer does so at its sole risk and expen se. HES does not bear any liability for such warrant ies on the part of the Customer.
By forwarding a product to HES for inspection, the Customer acknowledges HES’ expertise and technical ability to determine by inspection wheth er a product was defective in material and/or work manship when shipped from HES.
If upon receipt and inspection of t he item, HES , in its sole discretion, determines that the Product or part is defective in materials or workman ship, HES will repair or replace the Product or pa rt at no charge
- Any intervention, adjustment, repair or similar maintenance action that has been committed by a person not authorized by H ES;
- All damage caused by fire, water, accidents to the cooling or air-conditioning system, storms, storm effects or meteorological d isasters;
- Any action that causes dam age, regardless of who caused it, including the Custo mer;
- Normal wear and tear;
The Service Center has no responsibility for the return of customer’s fittings, couplings, hoses, etc. attached to or included with the Products sent for inspection and repair.
Upon inspection or repair of each product, an “Inspection Report” will be completed by t he Service Center. This document reports the reason for malfunction and the condition of the hardware. A copy is available to the Customer upon request.
Products returned containing other than “Genuine” HES Parts will have those parts replaced with Genuine HES Parts. A charge will be assessed for all non-HES Parts replaced during repair. In this case, all obligations under this warranty on the part of HES are dropped.
The warranty expires immediately if the Customer or a third party without being explicitly authorized by HES makes changes or repairs to the Pro duct without the prior written consent of HES.
As far as possible, any provision of these Terms must be interpreted in such a way as to be valid and enforceable under applicable law, but if any provision of these Terms is prohibited or invalidated under applicable law, this provision is void only to the extent of such prohibition or invalidity w ithout invalidating the remainder of this provision or the other provisions of these Terms.
Effective from 1.10.2018