Terms and Conditions of the Metal-Fach Jacek Kucharewicz Service
1. Service – Metal Fach Jacek Kucharewicz, 16-100 Sokółka, ul. Sikorskiego 66,
2. Customer – the person ordering performance of service.
3. Guarantor – boiler manufacturer Metal–Fach Jacek Kucharewicz.
4. User – the person being the owner of the appliance (boiler).
II. General provisions:
1. These Terms and Conditions of the Service pertain to the conditions and rules of rendering maintenance and repair services by the Metal-Fach Jacek Kucharewicz Service with its registered office in Sokółka, at ul. Sikorskiego 66.
2. By ordering a service from the Service, the Customer is obligated to provide basic data required for their identification, efficient contact and to provide information with regard to the service being rendered.
3. The Service informs that providing personal data is voluntary.
4. The Customer consents to the storage and processing of their personal data solely for purposes related to the service rendered by the Service.
5. Refusal to provide the aforementioned information may be grounds for refusal by the Service to render services.
6. The Service is the administrator of personal data. Information concerning personal data protection is published on the https://www.metalfachtg.com.pl/ website under the ABOUT US tab
7. The Metal-Fach Service reserves the right to change these Terms and Conditions. Information concerning a change of the terms and conditions will be published on the https://www.metalfachtg.com.pl/ website
8. The Service provides services involving performance of maintenance and repair of an appliance purchased from Metal-Fach.
9. Ordering of a service call (to the customer’s premises) takes place by filling out the appropriate form found on the https://www.metalfachtg.com.pl/zglos-problem-online/ webpage.
10. The Service reserves the right to not render a service or change the time of its rendering for reasons independent of the Service.
11. The Customer is obligated to provide true data during registration of the service rendered on the Customer’s premises in the maintenance and repair sheet. Provision of data by the Customer is required for proper issue of a VAT invoice.
12. In the case of proper rendering of a service or lack thereof due to the fault of the Customer, the Service is entitled to a fee according to the price list. The Customer will confirm that a service has been rendered in writing on the appropriate form and will accept the sum arising from the price list. Prices of services can be found on the https://www.metalfachtg.com.pl/uslugi-serwisowe/ webpage.
13. The Customer covers the costs of work that has already been performed and of ordered spare parts and materials when they cancel a repair after accepting the costs of service.
14. Parts and subassemblies replaced over the course of repair are not returned to the Customer.
15. The Service is obligated to render services with the utmost diligence.
16. In the situation where the Customer:
a) does not adhere to the Terms and Condition,
b) will act to the detriment of the Service,
the Service has the right to cease rendering the service for the Customer without the right to a refund of the fee already paid.
17. The Customer consents to processing of personal data according to the General Data Protection Regulation of 27 April 2016 (OJ EU L 119 of 04.05.2016)
18. The time of repair given by the Service is informational in nature and may be extended, repairs are performed according to the order in which requests are received.
19. A claim filed by the Customer in relation to non-performance or improper performance of services is to be made in writing and contain:
a) the Customer’s data in a manner enabling their identification,
b) name and type of service to which the claim pertains,
c) subject of the claim,
d) circumstances justifying the claim.
20. Prior to the arrival of Service workers, the Customer is obligated to prepare guarantee cards and all required documents specified in the terms of the guarantee.
21. On the date of performance of the service order, the Customer is obligated to provide access to all rooms in which service activities will take place and to provide the proper lighting, access to electrical supply and cut-off points of the water, electrical and gas installations.
22. In the event where access is not provided on the appointed date and time, the Customer assumes the obligation to cover the costs of the Service’s travel (there and back) and of one work-hour of the Service according to current rates listed in the price list of services.
23. The Customer is obligated to cover, in every instance, costs of travel and work of the Service, regardless of whether the service being rendered is a guarantee or post-guarantee service, and regardless of whether the service is repair, disassembly, or assembly of an appliance or parts thereof.
24. A claim is to be sent electronically to the address: email@example.com.
25. The Service will consider a claim within 7 days from the date of its delivery.
26. By ordering a service from the Service, the Customer declares that they have read and accept these Terms and Conditions. Other arrangements between the parties exceeding the scope of these Terms and Conditions must be made in writing. The Civil Code is applicable to any issues not regulated by these Terms and Conditions. Any claims arising from lack of knowledge of the Terms and Conditions will not be considered.
III. Shipping of equipment:
1. The Customer bears the risk of damage to equipment during transport to the Service. Shipped equipment must be properly packaged and secured in order to protect it against the risk of damage during transport.
2. In the event where the Service receives a shipment that has been improperly secured or that cannot be sent back to the possibility of damage to equipment, the Service will charge the Customer with the costs of new packaging in the gross amount of PLN 25.
IV. Guarantee period:
A two-year guarantee is granted on the appliance (boiler) from the date of sale, but this guarantee shall have a duration no longer than 36 months from the date of its manufacture, with the exception of:
a) the exchanger – the guarantee on which has a duration of 5 years from the date of sale;
b) moving parts, cast iron, mechanical parts, parts of the worm – the guarantee on which has a duration of 1 year from the date of sale;
c) consumables (e.g. sealing cord, seals, vermiculite, chamotte), electrical components, bolt securing the worm’s clutch, pins – which are not covered by the guarantee.
V. Scope of the guarantee:
1. Liability arising from the guarantee covers only defects resulting from causes present in the appliance at the time of its issue to the User.
2. A guarantee on the appliance is granted by the manufacturer (referred to as the “Guarantor”): Metal Fach Jacek Kucharewicz, 16-100 Sokółka, ul. Sikorskiego 66.
3. Under the guarantee, the User obtains the right to free repair of the appliance if defects of the appliance are revealed during the guarantee period. In the event where the Service determines that it is impossible to repair the appliance or part thereof, the Guarantor reserves the right to replace the appliance or part thereof with a new one.
VI. Claim procedure:
1. In the event where improper work of the appliance is detected, prior to filing a claim, make sure that all steps were taken according to the Operation and Maintenance Documentation.
2. The User should report the need to repair the appliance under the guarantee without delay, preferably within 7 days from the date on which the defect is detected.
Ordering of a service call takes place by filling out the form found on the https://www.metalfachtg.com.pl/zglos-problem-online/ webpage.
3. It is recommended to cease use of a defective appliance.
4. The User is obligated to provide free access to the appliance (particularly in a manner enabling removal of the appliance’s housing, access to valves).
5. Guarantee repairs shall be performed by the Service.
6. The User arranges the date on which the appliance is to be made available with the Service.
7. Depending on the scope of repair, it may be performed at the place where the appliance is installed, or at the establishment of the Guarantor or specialized company performing activities in the Guarantor’s name.
8. Repair performed under the guarantee is to be confirmed on the guarantee card.
9. The guarantee is extended by the time during which the user was unable to use the appliance due to a defect of the appliance covered by the guarantee.
10. The guarantee does not exclude, limit or suspend the buyer’s rights arising from laws concerning guarantees on defects of a sold object.
VII. Terms of exercising rights under the guarantee:
1. The conditions for acknowledgment of a claim under the guarantee are:
a. installation of the appliance according to the Operation and Maintenance Documentation (particularly connection of the boiler to a properly built installation, performance of first start-up according to the guidelines of the appliance’s manufacturer, application of devices protecting the boiler against return of cold water (four-way valve with actuator, laddomat, etc.)
b. . Sending a copy of the guarantee card, properly filled out, signed and sealed by the Seller, to the Guarantor’s address within 30 days from the date of the appliance’s sale
c) Presentation of the guarantee card, properly filled out (signed and sealed by the seller), at the time of filing a claim, along with proof of the appliance’s purchase (e.g. receipt, invoice). In the event of the User’s loss of the guarantee card, a duplicate will not be issued.
d) Adherence by the User to the guidelines given in the appliance’s Operation and Maintenance Documentation.
e) Performance of first start-up of the boiler within 6 months from the date of installation. First boiler start-up is a paid service, and its cost is covered by the User.
g) Performance of maintenance of the appliance (e.g. adjustment, cleaning, measurement of the appliance, analysis of flue gas) by specialized companies holding the relevant licenses (a list of examples of specialized companies is available from the Manufacturer – telephone number +48 85 711 94 56), according to the guidelines given in the Operation and Maintenance Documentation, and recording of maintenance services on the guarantee card. The User may report a need for intervention by service technicians to the Metal-Fach Service (Infoline +48 858 880011, www.metalfachtg.pl/zglos-problem-online). The maintenance service is a paid service.
h) Performance of guarantee repairs solely by specialized companies holding the relevant licenses (a list of specialized companies is available from the Guarantor – tel. +48 85 711 94 56), and recording of their performance on the guarantee card.
i) Use of spare parts and consumables meeting the manufacturer’s specifications. It is recommended to use original spare parts.
j) The guarantee covers the territory of the Republic of Poland.
VIII. Exclusions of the Guarantee:
The guarantee does not cover defects of the appliance arising from:
a) Failure by the User to adhere to the conditions specified in the Operation and Maintenance Documentation and the instructions given therein concerning transportation, installation, operation, use and maintenance of the appliance;
b) Improper storage and transportation by the User;
c) Damage to subassemblies of the appliance due to the application of improper electrical voltage by the User. In cases where the appliance is powered directly or indirectly by power generators, UPS systems or devices, the User should consult the specifications of power supply equipment with the manufacturer;
d) Defects of the appliance caused by a defective heating installation connected to the appliance;
e) Overheating of the boiler by the User;
f) Connection, by the User, of the boiler to a closed-loop system without the application of the appropriate cooling device;
g) Application by the User of improper fuel or fuel of poor quality;
h) Independent modification of the appliance by the User.