1. WARRANTIES AND LIABILITY
1.1 All Goods supplied by Promet are warranted free from defects for 12 months from the date of shipment to the Customer, but for no longer than for 18 months from production date.
1.2 The Customer is obliged to inspect the Goods for any visible damage and shortages upon delivery. Any visible defects, shortages and non-delivery must be notified to Promet in writing within 3 days of delivery or, in the case of non-delivery, within 28 days of despatch of the Goods. The Customer must report defects not visible upon delivery within 3 days of their discovery, though in any event within 3 days after the time that the Buyer should reasonably have discovered them.
All claims must be confirmed in writing to Promet within 4 days after the end of aforementioned 3 day periods and must include the following information:
• Purchase and delivery dates
• Model type
• Serial number
• Full fault description
• Photo of the internal labels and warranty seal (if the safe door can be opened)
1.3 Any repaired or replaced Goods will be covered by a warranty only for the remainder of the original warranty term.
1.4 If a Good (or any part thereof) does not comply with the warranty of article 9.1, Promet’s obligations shall – to be decided at Promet’s discretion - be limited to:
1.4.1 replacing the Good or defective part; or
1.4.2 rectifying any defects at its own expense; or
1.4.3 granting the Customer a full or partial refund or credit note for the (appropriate part of the) purchase price.
1.5 In deviation from the foregoing, locks are not covered by the warranty. If a lock is defective, Promet’s sole obligation will be to send a replacement lock upon return of the defective lock to Promet, but solely during the period from 12 months from shipment date to the Customer.
1.6 Promet shall not be liable for indirect loss or third party claims occasioned by delay in delivering the Goods or for any loss to the Customer arising from such delay whether as a result of Promet’s negligence or otherwise
1.7 The Customer will not be entitled to any claim if (i) Promet’s warranty seal has been broken, or (ii) the defect results from fair wear and tear, incorrect operation, installation, storage, maintenance, failure to follow Promet’s instructions, any alteration or repair carried out without Promet’s approval in writing, from transport, or any other event that cannot be attributed to Promet.
1.8 If the Customer notifies a defect, Promet will indicate whether the Good or part should be returned to Promet for inspection and/or repair or replacement or that inspection and/or repair or replacement should take place at the place where the Good is located. If Promet determines after inspection that the Customer does not have a claim against Promet, all costs in connection with the inspection (including but not limited to working hours and travel costs) will be for the account of the Customer.
1.9 Promet’s liability and responsibilities and the Customer’s rights and remedies with regard to any defects in the Goods or Services (including but not limited to a breach of the warranty of article 9.1) or any other attributable shortcoming of Promet under any agreement with the Customer shall be limited to what is stipulated in article 9.4 and 9.5.
1.10 Without prejudice to article 9.8, Promet shall - irrespective of the legal basis of the Customer’s claim - not be liable to the Customer for any consequential damages, which arise out of or in connection with the supply or use of the Goods and/or the Services and the underlying agreement (including but not limited to loss of profit, any costs to remove Goods attached to other property and any costs for opening defective Goods (such as emergency openings due to a defective lock).
1.11 Without prejudice to article 9.8, Promet’s aggregate liability towards the Customer (including an obligation to repay any amount) shall not exceed the purchase price of the Goods.
1.12 Any and all claims with respect to a Good and the underlying agreement, on whatever basis, as well as any right to dissolve the agreement will lapse at the earliest of the following times: a) upon late reporting pursuant to article 9.2 or b) 12 months after the delivery date to the Customer.
1.13 The exclusions and limitations of liability as contained in this article 9 do not apply to the extent that the damage (i) is the consequence of gross negligence or willful misconduct of Promet or its executive management, or (ii) cannot be excluded on the basis of applicable mandatory law.