26
Id.Nr.: 231769-9
EHT 50 - 150
16. Warranty, Guarantee and Product Liability
The warranty is granted in accordance with the statutory provisions of the Republic of Austria, as well as of the EU.
1. Prerequisite for the provision of warranty services by Austria Email AG (hereinafter referred to as AE AG) shall be the presentation of the paid invoice for the
purchase of the device for which the warranty service is claimed, whereby the identity of the device with regard to the model and the manufacturing number
must be evident from the invoice and must be documented by the claimant. The General Terms and Conditions, Terms and Conditions of Sale and Delivery
of AE AG shall apply exclusively.
2. To the extent required by the law, respectively in the Operator’s Manual and Installation Instructions, the assembly, erection, connection and commissioning
of the unit for which the claim is presented must have been carried out by a licensed electrician or installation firm, duly observing all applicable rules. The
tank (without outer shell and plastic outer shell) must be protected from sunshine to avoid discolouring of the PU foam and potential warping of plastic
components.
3. The room in which the device is operated must be free of frost. The unit must be mounted in a location that may reasonably be expected, i.e. it must be
possible to access and replace the unit without difficulty for the purpose of necessary maintenance, repairs and possible replacement. The costs for any
necessary changes to the structural conditions (e.g. doors and passages too narrow) are not governed by the guarantee and warranty declaration and
therefore shall be rejected on the part of AE AG. If the water boiler is set up and operated in uncommon locations (e.g. attics, living rooms with water-sensitive
floors, store rooms, etc.), the possibility of water leakage must be taken into account and provisions made for collecting and discharging the water leakage
in order to prevent secondary damage within the meaning of product liability.
4. The following is not covered by the warranty and guarantee:
inappropriate transport, normal wear and tear, intentional or negligent damage, use of force of any kind or description, mechanical damage or damage
caused by frost or also by exceeding the operating pressure stated on the rating plate, even if only once, use of connection fittings that do not comply with
the standard, use of defective tank connection fittings and unsuitable and defective service fittings. Breaking of glass and plastic components, possible
colour differences, damage due to improper use, in particular non-observance of the mounting and operating instructions (Operating and Mounting Instruc-
tions), damage by external influence, connecting to incorrect voltage, corrosion damage as a consequence of aggressive waters (water not suitable for drin-
king) in accordance with the national regulations (e.g. Austrian ordinance on drinking water, TWV – Fed. Law Gazette II No. 304/2001), deviations between
the actual drinking water temperature at the tank fitting and the specified hot water temperature of up to 10°K (hysteresis of the controller and possible coo-
ling due to pipelines), Insufficient water conductivity (min. 150 μs/cm), operational wear of the magnesium anode (wearing part), natural formation of boiler
scale, lack of water, fire, flood, lightning, overvoltage, power failure or other types of force majeure. Use of non-original and company-external components
such as e.g. heating elements, reactive anode, thermostat, thermometer, ribbed tube heat exchanger, etc., ingress of foreign particles or electrochemical
influences (e.g. mixed installations), failure to observe the design documents, unpunctual and undocumented renewal of the installed protective anode, no
or improper cleaning and operation, as well as any deviations from the standard that reduce the value or functionality of the device only slightly. Fundamental
compliance with all regulations in ÖNORM B 2531, DIN 1988 (EN 806), DIN 1717, VDI 2035 or the corresponding national regulations and laws must be
ensured.
5. In the case of an authorised complaint, this must be reported to the next available customer service location of AE AG. The same reserves the right to decide
whether a defect component shall be replaced or repaired or whether a defect device shall be replaced by an equivalent fault-free device. Furthermore, AE
AG explicitly reserves the right to request that the rejected device be returned by the buyer.
6. Repairs under warranty must be performed exclusively by persons authorised to do so by AE AG. Replaced parts shall remain the property of AE AG. If a
repair of the hot water heater should be required in connection with necessary service work, the Manufacturer shall invoice these as repair and prorated
material costs.
7. Any intervention by third parties without our express instruction, even if performed by a licensed electrician, shall have the effect of voiding the warranty. Costs
for repairs carried out by third parties shall be replaced only if AE AG has previously been requested to remove the defect and if AE AG shall have failed to
satisfy its obligation to replace the defective item or repair the defect or if it shall have failed to do so within a reasonable period of time.
8. Neither the performance of works under warranty or guarantee, nor the performance of service and maintenance works shall renew or extend the term of
warranty.
9. Transport damage shall be investigated and possibly accepted only if it is reported to AE AG in writing on the next following workday after delivery at the latest.
10. Claims over and above the warranty, if legally permissible, in particular claims with respect to compensation of damages and consequential damages, shall
be excluded. Prorated labour time for repairs as well as the costs of restoring the original condition of the unit must be paid in full by the buyer. In accordance
with this warranty declaration, the warranty shall apply only to repair or replacement of the unit. The provisions of the Terms and Conditions of Sale and
Delivery of AE AG shall, unless amended by these Terms and Conditions of Warranty, remain fully in place.
11. Services that are not performed within the scope of these Terms and Conditions of Warranty shall be charged.
12. No claims under warranty shall be considered by AE AG unless full payment for the device has been made to AE AG and unless the claimant has fully
satisfied all obligations arising to him vis-à-vis the seller.
13. The enamelled internal boiler for water heaters is warranted for the specified period from the delivery date provided all warranty terms described under
Points 1 to 12 are observed with in full. If the warranty terms have not been met, the legal warranty requirements of the respective country from which the
appliance was shipped shall prevail.
14.With regard to the assertion of claims pursuant to the Austrian Product Liability Act it must be noted:
Potential claims under the title of product liability relating to the regulation of damages due to a defective product (e.g. a human’s body is injured, his health is
damaged or any corporeal property differing from the product is damaged) shall only be justified if all the prescribed measures and requirements for flawless
and normal operation of the unit have been fulfilled.
These include e.g. the mandatory and documented anode replacement, the connection to the correct operating voltage, any damage due to improper use
must be avoided, etc. These standards are based on the assumption that if all the regulations (standards, assembly and operating instructions, general gui-
delines, etc.) are observed, the defect in the unit or product causal for occurrence of the secondary damage would not have occurred. It is further imperative
that all the documentation necessary for handling of a claim, such as e.g. the type and fabrication number of the unit, the vendor’s invoice and the invoice
of the licensed electrician or installation firm, as well as a description of the malfunction be provided, as well as the defective unit itself for examination in the
lab (absolutely necessary, as the unit will be investigated by an expert and the cause of the defect analysed). In order to exclude any possibility of mistaken
identity of the unit during transportation, the unit must be labelled with a clearly legible label (ideally with the end customer’s address and signature). Appro-
priate photographic documentation of the extent of damage, the installation (cold water inflow, hot water outflow, heating inflow and outflow, safety fittings,
expansion vessel if applicable), as well as the defective part of the tank is required. AE AG further expressly reserves the right to demand the submission of
documentation and units or unit components by the buyer for the purpose of clarification.
The damaged party’s full burden of proof that the damage was caused by the product of AE AG is prerequisite for the payment of any benefits under the title
of product liability. Claims for damages pursuant to the Austrian Product Liability Act are moreover justified only for any amount exceeding the amount of 500
euros (deductible amount). Until all the facts and circumstances as well as the problem causally underlying the defect have been ascertained, any possible
fault on the part of AE AG shall be ruled out explicitly. Any non-observance of the operating and assembly instructions as well as the relevant standards shall
be deemed negligence and shall result in an exclusion of any liability for damages.
The figures and data are not binding and may be amended without notice in the interest of technical improvement.
Misprints and technical changes reserved.
Summary of Contents for EHT Series
Page 39: ......
