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PELLENC S .A . WARRANTY AND AFTER SALES SERVICE
I .
Legal warranty
A .
Warranty against latent defects
Apart from the commercial warranty provided for under Article II, Article 1641 of the Civil Code provides that "the seller is bound to a warranty on account of latent defects
of the object sold which render it unfit for the use for which it was intended, or which would impair said use to the extent that the buyer would not have acquired it, or would
only have given a lesser price for it, had he known of them".
Article 1648 of the Civil Code "The action resulting from latent defects must be brought by the purchaser within two years after the discovery of the defect. "
B .
Legal warranty of conformity
Article L.217-4 of the Consumer Code "The seller delivers goods in conformity with the contract and is liable for defects of conformity existing upon delivery.
The seller is also liable for any lack of compliance resulting from the packaging, assembly or installation instructions whenever its contractual liability is engaged in this
regard or the latter are carried out under its responsibility
Article L.217-5 of the Consumer Code "The goods are comply with the contract:
1) If they are suitable for the purpose usually expected of similar goods and, where applicable:
- If it matches the description given by the seller and possess the qualities that were presented to the buyer in the form of a sample or model;
- If it has the qualities that a buyer can reasonably expect given the public statements made by the seller, the producer or its representative, especially in advertising or labelling;
2. Or, if it has the characteristics defined by mutual agreement of the parties or is fit for any particular purpose that the buyer made known to the seller and that the latter
accepted.
Article L.217-12 of the Consumer Code "legal action resulting from lack of conformity lapses two years after delivery of the goods".
II .
Pellenc Commercial Warranty
A .
Contents
1.
General Information
In addition to legal warranties, client users benefit from the commercial warranty on PELLENC products covering the exchange and replacement of parts recognised out
of use, caused by machining defects, assembly defects or material defects, whatever the cause.
The warranty forms an inseparable whole with the product sold by PELLENC.
2.
Spare Parts
The commercial warranty also covers original PELLENC spare parts, excluding labour and to the exclusion of certain parts of each product provided at delivery.
B .
Duration of the warranty
1.
General Information
PELLENC products are guaranteed under the commercial warranty as from delivery to the customer for a period of two (2) years for products connected to a PELLENC
battery, and for a period of one (1) year for other PELLENC products.
2.
Spare Parts
PELLENC spare parts replaced under the product warranty are guaranteed under the commercial warranty as from delivery of he PELLENC product to the customer for
a period of two (2) years for products connected to a PELLENC battery, and for a period of one (1) year for other PELLENC products.
In the case of products connected to a Pellenc battery, parts that are replaced in the under the product warranty after the 12th month of use, are covered for a period of
one (1) year.
C .
Warranty exclusions
Excluded from the commercial warranty are products that have been subject to abnormal use, or were used under conditions and for purposes other than those for which
they were manufactured, especially in the case of non-compliance with conditions stipulated in this user manual.
It does not apply in case of shock, fall, neglect, lack of supervision or maintenance or in case of transformation of the product. Also excluded from the warranty are products
that have been subject to tampering, alteration or modification by the client user.
Wear parts and/or consumables cannot be covered by the warranty.
III .
Implementation of the commercial warranty
1.
Product commissioning and commissioning declaration
The DISTRIBUTOR undertakes to complete the computer commissioning declaration form, no later than eight days after the delivery of the property to the user customer,
in order to activate the latter on the www.pellenc.com website under "warranties and training" in the "extranet" menu, using the identifier previously provided to them by
PELLENC.
Failing that, commissioning declaration will not be effective and implementation of the PELLENC commercial warranty will not occur. As a consequence thereof, the
DISTRIBUTOR must ensure the financial burden of its intervention under the warranty without being able to pass on the cost to the client user.
The DISTRIBUTOR shall also undertake to complete the warranty card or the certificate of warranty and commissioning for self-propelled equipment provided with the
product after having the client user sign and date it.
IV .
Paid after-sales service
A .
General Information
Malfunctions, breakdowns, breakages resulting from misuse, neglect or improper maintenance by the client user as well as malfunctions resulting from normal wear of the
product are subject to the payment of after-sales service, even during the period of the legal and commercial warranty. After-sales service repairs that fall outside of the
legal and commercial warranty also include maintenance, adjustments, diagnostics of all types, and cleaning without the present list being exhaustive.
B .
Wear parts and consumables
Wear parts and consumables also fall within the after-sales service.
C .
Spare Parts
Paid after-sales service also covers original PELLENC spare parts, excluding labour and outside the legal and commercial warranty period.
In case of replacement of original PELLENC spare parts in the context of after-sales service, said latter are covered by a warranty of one year as from the installation date.
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