General Terms and Conditions of Warranty of Ekoenergetyka – Polska S.A.
with a registered office in Zielona Góra, registered address: ul. Nowy Kisielin – Rozwojowa 7A 66-002 Zielona Góra entered in the Register of Entrepreneurs of the National Court Register, entry number KRS 0000846229, kept by the District Court in Zielona Góra, Eighth Commercial Division of the National Court Register, having tax identification number NIP: 9731013938, statistical number REGON: 081115852, number of entry in the Wastes Register BDO: 000014716, with the share capital amounting to PLN 323,889.00, paid-up in full
valid from: 19th of December 2022
Capitalized terms used in these General Terms and Conditions of Warranty shall have the following meaning:
1.1. “Working Day” – means days from Monday to Friday, except for public holidays in the Republic of Poland;
1.2. “EE-Service” – means a company operating under the business name of Ekoenergetyka-Service spółka z ograniczoną odpowiedzialnością, with a registered office in Zielona Góra, number of entry in the National Court Register KRS: 0000590194, which is an authorized EEP service;
1.3. “Ekoenergetyka” or “EEP” – means a company operating under the business name of Ekoenergetyka-Polska spółka akcyjna, which is the manufacturer of the Charging Station;
1.4. “Unauthorized Interference” – any modification of the Device or other action violating its integrity, even if it does not change the basic characteristics of the Charging Station, in particular: self-repair by the Customer (if he has not obtained the appropriate authorization) or an unauthorized third party, replacement of components, modification of the software, repair beyond the scope of the granted authorization;
1.5. “Customer” – means a natural person, legal person or organizational unit without legal personality, which has legal capacity under the law, who purchased the Device under the Agreement;
1.6. “Warranty Period” – a period for which EEP provides a warranty for the Device;
1.7. “GTC” – means these General Terms and Conditions of Warranty;
1.8. “Service Partner” – means an entrepreneur authorized by EE-Service to perform service activities on the Devices on behalf of EE-Service. The Service Partner may also be the Customer, if he has obtained the aforementioned authorization, and in such situation EEP or EE-Service shall not be liable for the removal of defects by the Service Partner;
1.9. “Agreement” – means a sales, delivery or other civil-law agreement whereby the Customer obtains the ownership right to the Device, regardless of the procedure and form of concluding the Agreement (an offer, tender, oral form, etc.);
1.10. “Device” or “Charging Station” – means a charging station, as defined in Art. 2 point 27 of the Act of 11 January 2018 on Electromobility and Alternative Fuels (consolidated text, Journal of Laws of 2022, item 1083, as amended) produced by EEP, or a mobile charging station for electric vehicles manufactured by EEP. In the event that the subject matter of the Agreement also covers the delivery of the components of the Charging Station as independent, individual and separate products, the “Device” shall also mean such components;
1.11. “Defect” – a manufacturing physical or legal defect of the Device, consisting in its lack of compliance with the Agreement, including quality, manufacturing or material defects identified during the proper operation of the Device in accordance with its intended purpose, provided that the Defect shall not be constituted by the lack of compliance with the Agreement resulting solely from the wear and tear of the Devices in accordance with the normal life cycle, and the warranty shall not cover the elements of the Devices which are subject to natural wear and tear if the Devices are used as intended;
1. Nature of GTC
1.1. These GTC, together with the Agreement and all its appendices, fully and completely regulate the obligation relationship between the Parties regarding the removal of Defects. Any references to the Customer’s offers, proposals or internal acts shall not mean acceptance of the conditions and reservations contained in those documents, if their acceptance has not been expressly confirmed in the Agreement. In the event of discrepancies between the contents of the Agreement concluded between EEP and the Customer and the contents of the GTC, the contents of these GTC shall be binding, unless the Agreement explicitly provides otherwise.
1.2. For the purposes of the warranty, the Parties exclude the use of contractual templates other than the GTC.
1.3. The Warranty is granted only for the Devices clearly indicated as covered by the Warranty in the Agreement.
2. Terms and conditions of the warranty
2.1. As part of the warranty, EEP declares that the Devices will be free of any Defects for a period not shorter than the Warranty Period, provided that they are properly used as intended and according to the documentation attached to the Device, including the user manual.
2.2. As part of the warranty, EEP also declares that the software installed in the Devices shall be free of any defects, i.e. it shall have all the functions necessary to operate the Device for a period not shorter than the Warranty Period, provided that it is properly used by the Customer for its intended purpose. The warranty shall cover both the basic version of the software and any subsequent modifications and updates made by or EEP during the Warranty Period, provided that these GTC do not impose any obligation on EEP to provide software updates and modifications. These obligations may be regulated by a separate agreement or document concluded between the Customer and EEP. The Warranty Period for the software shall not start anew from the time the updated and modified version of the software is delivered.
2.3. Unless the Agreement provides otherwise, Ekoenergetyka grants a warranty for the Devices for a period of 24 (twenty-four) months. The start of the Warranty Period is calculated:
- 2.3.1. in the case of Charging Stations sold together with the installation service – from the date of signing the final acceptance protocol of the Charging Station by the Parties after installation, SAT protocol or another similar document which confirms the correct installation of the Charging Station at the place of its operation, or from the moment of actual commencement of operation of the Charging Station (whichever of the above occurs first);
- 2.3.2. in the case of Devices which do not require installation or Charging Stations sold without the installation service – from the date of issuing the VAT invoice/bill/receipt/another appropriate document by Ekoenergetyka which confirms the disposition of the Device covered by the warranty to the Customer, or from the moment of actual commencement of operation of the Charging Station (whichever of the above occurs first).
In any case the Warranty Period starts to take its course not later than 6 (six) months from the date of actual delivery of a given Device or a given Charging Station to the Customer, unless the Warranty Period has already started earlier in accordance with Sections 2.3.1 or 2.3.2 above.
In the event that EEP or EE-Service is not involved in the installation of the Device, the Customer shall be obliged to send EEP a document confirming the installation (e.g. acceptance report after installation, SAT, etc.) immediately, but not later than within 14 (fourteen) days of the date of installation of the Device.
2.4. Warranty services may be provided by EEP itself or through subcontractors.
2.5. The warranty shall be valid only under the following cumulative conditions:
- 2.5.1. the Devices shall be transported, installed, stored and operated in accordance with the information contained in the specification sheet, technical documentation attached to the Device, service manual or other documentation provided by EEP. The technical documentation attached to the Device contains a detailed description of the given Device along with a general indication of its application and it refers to the standard operating conditions of the Device;
- 2.5.2. the Devices shall not be transported, installed, stored and operated in ambient conditions threatening their structure, paint coating or electrical equipment installed in the Devices, these conditions include, in particular: humidity and temperature other than those specified in the technical documentation attached to the Device, the presence of non-neutral chemicals in the air, supernatural UV radiation, excessive dustiness in the air, as well as shocks and vibrations;
- 2.5.3. the Devices shall be operated in accordance with their intended purpose and the provided product specifications (e.g. assembly manual, specification sheet, information provided on the label or casing of the Device);
- 2.5.4. the Devices shall be subject to periodic service inspections, if such a requirement is provided for in the documentation attached to the Devices. Service of the Devices may only be performed by EEP, EE-Service or a Service Partner (within the scope of the authorization granted to the Service Partner); Unless the Agreement provides otherwise, all costs of performing periodic inspections shall be covered by the Customer, which shall not release the Customer from the obligation to request a periodic inspection from EEP, EE-Service or Service Partner;
- 2.5.5. The Devices have been installed by Ekoenergetyka, EE-Service or a Service Partner (within the scope of the authorization granted to the Service Partner) in accordance with the conditions set out in the service manual and any other technical documentation attached to the Device, and in accordance with the technical art and knowledge;
- 2.5.6. any modifications of the Devices or software updates may only be made by Ekoenergetyka, EE-Service or a Service Partner (within the scope of the authorization granted to the Service Partner);
- 2.5.7. unless and to the extent that the Agreement provides otherwise – any repairs or maintenance of the Devices may be made only by Ekoenergetyka, EE-Service or a Service Partner;
- 2.5.8. the Devices must not be exposed to mechanical and/or chemical overloads which are not consistent with their intended limits and which may pose a risk to their structure, paint coating or electronic components inside the Devices;
- 2.5.9. the ambient temperature and supply voltage must not exceed the permissible values specified for a given Device in the technical documentation attached to the Device, specifications or relevant technical standards;
- 2.5.10. the Device has not been subjected to any Unauthorized Interference.
2.6. A breach of any of the rules set out in Section 2.5. above shall cause the warranty to expire in relation to such a Device and the Customer shall lose his rights under the warranty.
2.7. Notwithstanding the foregoing, EEP shall have the right to refuse to provide services under the warranty:
- 2.7.1. if EEP or EE-Service does not participate in the installation of the Device, and the Customer does not send EEP a document confirming the completion of the installation (e.g. acceptance report after installation, SAT, etc.);
- 2.7.2. if the Customer is in any financial arrears towards EEP.
3. The scope of warranty
3.1. Unless the Agreement expressly provides otherwise, the liability of EEP under the statutory warranty for defects in the Device or the software installed therein shall be excluded to the fullest extent permitted by the applicable law.
3.2. The warranty shall not cover:
- 3.2.1. the costs of unjustified claims, including, among others, the costs of assembly and disassembly of the defective Device, the costs of transporting the Device or its part or component to the warehouse and returning the Device, the costs of service travel to the Customer and other similar costs. The above costs shall be covered in full by the Customer, based on an invoice issued by EEP;
- 3.2.2. Devices with removed, obscured or illegible serial numbers, article numbers, Device names, marks identifying their manufacturer or other markings providing for their identification;
- 3.2.3. Defects resulting from Unauthorized Interference with the Device (including its software) by the Customer or a third party other than EEP, EE-Service or a Service Partner (within the scope of authorization granted to the Service Partner);
- 3.2.4. Defects identified after the end of the Warranty Period or after the expiry thereof.
4. Reporting warranty claims
4.1. Claims should be sent by e-mail, to the following address: email@example.com or firstname.lastname@example.org on the form provided to the Customer by EEP or EE-Service. The Customer should send the claim on the most up-to-date version of the form provided to the Customer by EEP or EE-Service, and in each case include a detailed documented description of the Defect. In the absence of sufficient documentation and information, Ekoenergetyka shall have the right to request additional information or documentation from the claimant, which the claimant should send immediately, but not later than within 1 (one) Working Day of the date of the request for such additional information, under the pain of suspending the deadline for removing the Defect and disclaimer of liability of EEP for its failure to remove or incorrect removal of Defects caused by the non-receipt of the required information and documents within the aforementioned deadline. Notwithstanding the foregoing, Ekoenergetyka may inspect the Device or establish remote connection with the Device in order to verify the reported Defect, and the Customer shall be obliged to enable Ekoenergetyka to inspect the Device or establish such remote connection with the Device.
4.2. In order to ensure the highest quality of repair services and an efficient process of removing Defects, it is recommended that the Customer reports any Defects within 12 (twelve) hours of their identification. Notwithstanding the foregoing, the Customer shall be obliged to submit a claim in accordance with Section 4.1 immediately, but not later than within 5 (five) Working Days of becoming aware of the Defect of the Device, or otherwise EEP shall not be liable for its failure to remove or for incorrect removal of the Defect as a result of the Customer’s delay in reporting the Defect.
4.3. A claim shall be considered made when it is delivered to EEP or EE-Service in a way which allows the recipient of the notification to become familiar with its contents, within the meaning of Art. 61 of the Civil Code.
5. Removal of Defects
5.1. Subject to the following provisions, if the reported Defect of the Device is covered by the GTC, Ekoenergetyka shall remove it free of charge by repairing the Device remotely or at its location or in another place agreed by the Parties. If the Agreement specifies the location of the sold Device, and after the delivery of the Device, it is used in a different location than that specified in the Agreement, EEP shall have the right to charge the Customer with the costs related to the performance of the Defect removal activities described in the warranty in a place other than the target location of the sold Device, as specified in or resulting from the Agreement.
5.2. Removal of the Defect of the Device may also involve replacement of components with used or renovated parts which, in terms of performance, functionality and reliability, are equivalent to new components and are free from Defects and material shortages. In justified cases, at the sole discretion of Ekoenergetyka, the removal of a Defect of the Device may also involve replacement of the entire defective Device with a new Device which is free from Defects.
5.3. Subject to Section 5.6., the Defect shall be removed:
- 5.3.1. remotely – within 24 (twenty-four) hours of the time of receiving a claim by Ekoenergetyka or;
- 5.3.2. if the Defect cannot be removed remotely, the Defect shall be removed at the location of the Device – within 7 (seven) Working Days of the arrival of EEP’s employees or employees of EEP’s subcontractors, or;
- 5.3.3. if the Defect is not removed at the location of the Device, the Defect shall be removed within 7 (seven) Working Days of the date of delivery of the Device to the place of repair, in accordance with Sections 5.4. or 5.5.
5.4. Subject to Point 5.5., if it is necessary to transport the Device outside the place of its location in order to remove the Defect, Ekoenergetyka shall disassemble it free of charge and, at its own discretion: a) shall transport the Device to the place of repair at its own cost and risk and – after the repair – shall transport the Device – also at its own cost and risk – back to the place of its location or b) shall cover the costs of transport of the Device arranged by the Customer, in consultation with Ekoenergetyka, to the place of repair and back to its location. In any case, after removing the Defect and transporting the Device back to its location, Ekoenergetyka shall re-install the Device free of charge in the place where it has originally been installed. If the transport of the Device is arranged by the Customer, the Customer shall be obliged to clearly mark the serial number of a given Device on the package. A failure to provide the serial number may result in refusal to accept the shipment and sending the Device back to the Customer at the latter’s risk.
5.5. In the case of mobile Charging Stations and other Devices which are not permanently installed in one place or in other device, EEP, at its own discretion: a) shall remove Defects remotely or at the place where such Device is used, or b) at its own cost and risk, shall transport such the Device to the place of repair, or c) shall indicate to the Customer the place to which the Customer is obliged to transport the defective Device, providing the serial number of the Device clearly marked on the package. A failure to provide the serial number may result in refusal to accept the shipment and sending the Device back to the Customer at the latter’s risk. The costs of transporting the Device both ways shall be covered by EEP.
5.6. Ekoenergetyka reserves the right to extend the deadline for Defect removal if it is necessary to perform additional tests or order non-standard parts. In the event that the Device is installed in a location other than that indicated in the Agreement or other than at the time when the Warranty Period started, Ekoenergetyka shall prepare an individual cost estimate of the repair, and the repair deadline shall be agreed upon with the Customer.
5.7. Removal of the Defect shall be confirmed by an e-mail sent to the Customer and shall not require confirmation by EEP or the Customer. If the Defect still has not been removed, the Customer should immediately inform Ekoenergetyka about this fact in the manner specified in Section 4.1.
5.8. The liability of EEP under the warranty shall be limited to the value of the Device on the day the Agreement was concluded.
5.9. If the reported Defect of the Device is not covered by the GTC or the situation described in Section 2.7 of GTC occurs, EEP shall immediately inform the Customer and EE-Service thereof and may refuse to remove the Defect. This shall not exclude the possibility of removing such a defect, fault or error under a separately-priced order and EEP’s offer or under separate service contracts, on the terms set out therein.
5.10. When reporting Defects, the Customer should precisely indicate whether he demands their removal under the warranty or as part of other claims that he may be entitled to on the basis of the conditions individually specified in the Agreement. If the above is not specified in the notification of the claim, the decision what procedure will apply to the claim shall be at the discretion of EEP.
5.11. Under the GTC, the only way to remove the Defect and the only claim the Customer is entitled to in connection with the occurrence of the Defect is to demand the removal thereof on the terms described in the GTC. In particular, the Customer shall not be entitled to any other rights, such as, for example, a price reduction, rescission of the Agreement or replacement of the Device with a new Device free from Defects.
6. Final Provisions
6.1. Unless GTC or the Agreement expressly state otherwise, Defects shall be removed under the GTC free of charge. It shall be permitted to perform paid service repairs of the Devices, including post-warranty or out-of-warranty repairs, and the conditions thereof shall be each time agreed upon between the Customer and EEP or EE-Service as the authorized service partner of Ekoenergetyka.
6.2. EEP shall not be liable for any losses, damages, increased costs, for loss of the ability to use the Device, its functionality, for damages to the Device, for lost profits, savings, contracts, revenues or for any additional losses or costs not directly attributable to EEP.
6.3. The law governing these GTC shall be the law of Poland.
6.4. Any disputes arising from these GTC shall be settled by the court having jurisdiction over the registered office of EEP.