Warranty and Complaint Conditions of KOVACO, spol. s r. o.

1. General warranty conditions

1. 1. KOVACO, spol. s r. o., with its registered office at Mostová 2, 811 02 Bratislava – Old Town, Company ID No.: 36 038 911, registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, Insert No. 167483/B, provides customers with a warranty for the quality of the product. The warranty covers faults/defects of the purchased product that become apparent within the warranty period. When buying a product, carefully consider what features and functions you want from the product. The fact that the product does not meet your later requirements cannot be a reason for claiming it. Before using the purchased product for the first time, carefully read the User Manual for operation and maintenance, the instructions of the manufacturer KOVACO, spol. s r. o. and follow them carefully.
   2. KOVACO, spol. s r. o., as the manufacturer of the product, declares that the product is complete, has been duly inspected and its design complies with all legal requirements set forth by law of the Slovak Republic, applicable in the Slovak Republic at the time of sale of the product. The product meets all the technical requirements to be placed on the market / put into service according to the relevant regulations. The declaration of conformity has been issued in accordance with the law.
   3. Other terms and conditions not specified in the Warranty and Complaint Conditions of KOVACO, spol. s r. o. are further governed by law of the Slovak Republic, in particular, the relevant provisions of the Commercial Code, the Civil Code, the relevant purchase contract, the applicable General Terms and Conditions of KOVACO, spol. s r. o.
   4. The document Warranty and Complaint Conditions of KOVACO, spol. s r. o. is publicly available on the company’s website at https://www.kovacocompany.com/documents/.
   5. The manufacturer is obliged to issue a proof of purchase of the product indicating the date of sale of the product, what the product is and at what price the product was provided, together with the manufacturer’s identification data, unless a specific legal regulation provides otherwise.

2. Warranty period

1. 1. The warranty period of the product is set as follows according to the basic warranty conditions for the supply of engineering products (Act No. 513/91 Coll., as amended, Section 620 of the Civil Code):
      • 24 (twenty-four) months from the date of sale for all supporting parts (frame, boom, skeleton, etc.) unless otherwise stated in the warranty card,
      • 6 (six) months from the date of sale for seals, hydraulic motors, hydraulic hoses, fasteners, unless otherwise stated in the warranty card,
      • the period from the exercise of the right of liability for defects until the customer is obliged to take over the equipment after the repair is completed is not included in the warranty period. The manufacturer is obliged to issue the customer with a confirmation of when the right was exercised, as well as of the repair and the duration of the repair.
      • If a part or assembly is replaced, it is warranted for the remainder of the original warranty period as if it were an original part.

3. Right to make a complaint

1. If there is a defect in the purchased product, the customer has the right to claim the resulting defect for breach of contract. To properly assess a claim, it is necessary to ensure that the product being claimed is clean and complete.
2. For customers of KOVACO, spol. s r. o., the arrangements and provisions set out in Sales and Delivery General Terms and Conditions of KOVACO, spol. s r. o. and in the Warranty and Complaint Conditions shall apply. When using the product, the customer is also obliged to comply with the generally known rules and the conditions set out for the correct installation of the product and its handling, the conditions set out in the installation instructions or in the User Manual for operation and maintenance and to use the purchased product in accordance with its intended use.

4. Place to make a complaint

1. The customer shall make a complaint in writing at the complaints department at KOVACO, spol. s r. o., Veľká Lehota 210, 966 41 Veľká Lehota, or electronically at the e-mail address kovaco@kovaco.sk.
2. Complaints are made by filling in the complaint form available on the company’s website at https://www.kovacocompany.com/documents/.
3. The complaint form must be accompanied by a proof of product purchase, i.e., an invoice or a receipt, photograph of the product’s serial number plate, photo documentation of the product defect, maintenance and service records and the warranty card.
4. In order to exercise the rights of liability for defects (complaint), a proof of purchase of the product is required, i.e., an invoice or a receipt. The proof of purchase is sufficient for the purpose of the complaint even if the warranty certificate was issued but the customer has lost it. In this case, the complaint will be accepted and the product will be warranted according to the current Commercial Code if the product was purchased by a legal entity, or according to the current Civil Code if the product was purchased by a natural person. This does not take into account any extended warranty period that may have been indicated on the lost warranty card.
5. Warranty service does not provide any reimbursement for costs associated with shipping the product.
6. In the event of an unauthorised request for warranty service, the costs associated with this will be charged to the customer.
7. The opinion of the manufacturer’s Technical Inspection Department is decisive for assessing the validity of the claim.

5. Responsibility of the manufacturer

1. When selling a product, the manufacturer is responsible for the fact that the product is in accordance with the purchase contract, i.e., that the sold item – product has the quality and utility characteristics required by the contract, described by the manufacturer and expected on the basis of the advertisement, that it meets the requirements, legal regulations and the purpose stated by the manufacturer when using the item or for which the item is usually used.
2. If the product is defective upon receipt by the customer, it is in breach of the purchase contract.
3. The manufacturer shall be liable to the customer for defects that manifest themselves as a breach of the purchase contract after receipt of the product and within the warranty period.
4. The manufacturer shall not be liable for non-conformity with the purchase contract if:
   • the customer caused the defect in the product,
   • the customer’s complaint is contrary to the nature of the product, in particular, the expiry of the product’s warranty period,
   • the customer has not complied with the conditions of storage, professional assembly, professional handling
     with the product.
5. The manufacturer is not liable for defects:
   • for which a discount has been granted on the price of the product,
   • that have arisen after the expiry of the product warranty period.
6. The customer will be notified of the receipt of the complaint by confirming the complaint form with the date on which the complaint was made. The complaint form will also state what product is being complained about and what defect is being complained about.
7. If the customer complains about defects in the product, the complaint technician is obliged to properly examine the complaint and make a decision on its handling within the statutory deadlines. For this purpose, it is entitled to request other necessary documents (maintenance and service records, or other documents on the date of installation, method of installation, etc.).
8. The general time limit for processing a complaint is 30 days. Depending on the complexity of the assessment of the complaint, the time required to process the complaint may be both shorter and longer. The customer will be informed of this without delay. The cooperation of the customer and the submission of the necessary documents on the purchase, storage, installation and maintenance of the product is important for the timely processing of the complaint.
9. If the customer is not satisfied with the handling of the complaint, it shall send its objection to the decision of the complaints department directly to the management of the company at the above address. The management of the company assesses the whole matter on the basis of information from both the customer and the complaints department.
10. In the case of dissatisfaction with the resolution of the complaint, the customer has the right to assert his claims in the competent court of the Slovak Republic.

6. Termination of warranty

1. Any warranty and liability claims for personal injury and material damage will be denied if caused within the warranty period for one or more of the following reasons:
   • use of the product contrary to the intended use of the product,
   • improper, unprofessional use of the product,
   • improper installation, improper commissioning, improper operation, improper maintenance, or improper repair of the product,
   • by not following the safety and usage instructions in the User Manual for operation and maintenance,
   • making unauthorised structural modifications to the product,
   • insufficient inspection of parts of the product that are subject to wear,
   • improper maintenance and servicing during the warranty period,
   • disasters due to foreign objects and force majeure.
2. The warranty does not apply:
   • to failures caused by natural wear and tear, taking into account the conditions in which the product operates (bearings, chain, seals, etc.),
   • to failures caused by mechanical damage to the product, including accidental damage, in particular, damage to plastic parts, unprotected functional parts of hydraulic cylinders – piston rods, hydraulic components, including hydraulic hoses and steel covers,
   • to components that have been damaged electrically by unprofessional intervention, overvoltage in the network or electrostatic discharge,
   • to malfunctions caused by the use of components other than those recommended by the manufacturer KOVACO, spol. s r. o.,
   • to defects caused by repairs or modifications of the product by persons other than persons authorized by the manufacturer KOVACO, spol. s r. o.,
   • to product defects caused by transport, handling and storage outside the manufacturer’s warehouse premises,
   • to product failures caused by a working environment unsuitable for the operation of the product (chemicals, vapours, solvents, low temperatures, high humidity, inadequate insulation, etc.),
   • to product failures caused by operation in unsuitable technical conditions (exceeding the parameters of maximum permissible temperatures, pressures, insufficient function of protective elements, etc.),
   • to routine maintenance and servicing.

7. Final provisions

1. If any provision of these Warranty and Complaint Conditions or any part thereof is or becomes invalid, ineffective, or otherwise legally unenforceable, then such invalidity, ineffectiveness, or unenforceability shall not affect the validity, effectiveness, or enforceability of the remaining provisions of these Warranty and Complaint Conditions or any part thereof. The invalid, ineffective, or unenforceable provision shall be replaced by a valid, effective, or enforceable provision that most closely approximates the intent of these Warranty and Complaint Conditions.
2. The law of the Slovak Republic shall apply to the exercise of warranty rights under these Warranty and Complaint Conditions, as well as to any other legal acts, legal facts and/or disputes arising out of and/or relating to these Warranty and Complaint Conditions and/or the exercise of any product liability rights. The application of the UN Convention of 11 April 1980 on Contracts for the International Sale of Goods (CISG) is excluded.

Bratislava, on: 1 April 2023

______________________________
managing director of the company
KOVACO, spol. s r. o.