General Terms and Conditions of Guarantee
HENMAR CABINS Spółka z ograniczoną
odpowiedzialnością Sp. K. of 01.12.2020

Definitions and general provisions:

1. Buyer - the legal entity or natural person indicated in the offer, order, order confirmation or agreement as
the Buyer.
2. Seller - HENMAR CABINS Spółka z ograniczoną odpowiedzialnością Sp. K. with its registered office at ul.
Przemysłowa 5, 63-720 Koźmin Wielkopolski. The Seller has been assigned a TIN tax identification number:
6211003470
3. Offer - a written declaration by the Seller constituting an offer within the meaning of the Civil Code
4. Order - the Buyer's written notification of acceptance of an offer or other written declaration of intent
expressing a desire to purchase.
5. Order confirmation - a written statement by the Seller confirming the terms of the concluded agreement.
6. Agreement - the sales agreement as well as the master agreement concluded with Henmar Cabins Spółka
z ograniczoną odpowiedzialnością Sp. k. together with the General Terms and Conditions of Guarantee of
Henmar Cabins Spółka z ograniczoną odpowiedzialnością Sp. K. (GTCG)
7. The GTCG shall apply to all sales agreements, master agreements, orders, offers, confirmations of delivery
of goods and services concluded by the Seller with the Purchasers. The GTCG shall apply to agreements
concluded with consumers insofar as they do not conflict with mandatory regulations.
8. Any provisions which deviate from the provisions of the GTCG must be in writing in order to be effective.
9. The Seller shall be entitled to copyright and, if applicable, industrial property rights in offers, plans, designs,
documentation, models and drawings (documents) created by or on behalf of the Seller in connection with the
performance of the agreement, even if the Buyer has covered the cost of their preparation. The Purchaser
undertakes not to make the above documents and solutions available to third parties.
10. Any legal actions which result in a direct or indirect transfer to third parties of any rights of the Purchaser
under agreements, offers, orders and confirmations to which the Seller is a party shall be null and void if the
Seller has not given his prior written consent to such legal actions.
11. These GTCG shall also apply if the Buyer could have easily familiarised himself with them. The GTCGs shall
be deemed to have been delivered to the Buyer if the GTCGs are referred to in the offer, agreement, order
confirmation, invoice, together with an indication of the website where the full content of the GTCGs is
available

Guarantee of product quality

1. The Seller shall be liable under the guarantee for defects in material and workmanship of the goods,
provided such defects are ascertained and acknowledged by an appropriate protocol. The Seller will rectify any
deficiencies and defects in the goods covered by the guarantee at its own expense.
2. The guarantee period is calculated from the date of delivery and is as follows:
• new goods, assembly by Henmar - 24 months limited to 2,400 operating hours (in case of extended
guarantee, each additional year limited to 1,200 operating hours)
• new goods, customer assembly - 12 months with a limit of 1,200 operating hours;
• original spare parts supplied and fitted by the Seller - 12 months;
• other goods from offer - 12 months with a limit of 1,000 operating hours (if applicable).
3. Repairs under guarantee are carried out free of charge, with the exception of, day-to-day servicing,
activities that do not constitute guarantee repairs such as maintenance checks, adjustments, parameter
changes, cleaning of the truck, etc.
4. The basis for the customer's guarantee claims is the invoice. Recognition that a defect is covered by the
guarantee is possible only on the basis of a service report issued by the Seller's technician (or the Buyer's technician if the parties so agree), thus, the Client's failure to cooperate in enabling the Seller's technician to
perform his service activities is tantamount to a waiver of his guarantee rights.
5. The guarantee covers only goods which have been used in accordance with current legislation, the intended
use, the operating instructions and guarantee conditions, and which have been installed in accordance with
technical standards.
6. Liability under the guarantee does not cover, among other things:
• faults and defects resulting from improper use of the goods (e.g. overloading, excessive use, inappropriate
working surface of the trolley, unfavourable weather conditions such as rain, snow, hail, aggressive working
environment) or resulting from non-compliance with the operating instructions or applicable legislation;
• faults and defects due to recklessness, negligence, damage, late reporting of faults, lack of maintenance or
inadequate maintenance, use of inappropriate equipment, lack of ongoing maintenance;
• faults and defects resulting from incorrect assembly, faulty installation or commissioning by the agreement
or third parties;
• defects resulting from the use of goods in a freezer in violation of the separate rules for the use of forklifts
and other freezer-type equipment of the Seller;
• wear and tear of the goods or parts thereof resulting from normal use, such as rollers, bearings, fuses, light
bulbs, friction linings, drive belts, electric motor brushes, electrical contacts, chains, filter elements, fluids
and lubricants, etc., with the exception of defects in materials and workmanship revealed and confirmed
by a protocol
• all faults and defects caused by mechanical damage or fortuitous events (e.g. through flooding, fire, theft,
vandalism);
• cleaning of the truck, cleaning of filters, cleaning of the cooling system, radiator, topping up of air-
conditioning refrigerant (with standard loss not caused by a fault), etc.
7. Any repairs, maintenance, technical inspections, improvements or other changes made to the purchased
goods, carried out by the agreement or third parties without prior written agreement with the Seller, are not
covered by the guarantee and exclude the Client's rights under the guarantee in its entirety.
8. Under penalty of forfeiture of the guarantee, it is the Client's responsibility to comply with the dates of
compulsory, chargeable maintenance carried out exclusively by the Seller's service in accordance with the
schedule below:
• Heating and air conditioning system - maintain the air conditioning unit twice a year (at the beginning
and end of the season) or every 2,000 motoring hours (whichever comes first).
9. The Seller reserves the right to refuse to carry out repairs or paid guarantee inspections if the accounting
records show that the Client is more than 14 days late in paying for previously supplied services or goods.
10. The Client is obliged to examine the goods delivered, including their conformity with the order or the
agreement, at the time of delivery. Visible and obvious defects shall be reported by the Client in writing during
acceptance, and hidden defects as soon as they are discovered. The date on which the defect was discovered
should be documented. In the event of a late complaint, the Client's claims lapse.
11. In the case of a justified guarantee complaint, the Client is entitled to demand the removal of the defect
within 14 days from the date of delivery of the goods to the place indicated by the Seller or - if, according to
the Seller's choice, the defects of the goods are to be removed at the Client's place - within 14 days from the
date of verification of the complaint. If rectification of the defect within the indicated time limit exceeds the
Seller's service capabilities, the Parties shall set another time limit for the rectification of the defect, taking into
account the current commercial and service capabilities of the Seller.
12. Parts of the ordered goods proven to be defective at the time of passing of risk to the Client shall be
repaired free of charge or re-delivered in a defect-free condition, at the Seller's choice. Ownership of the part
replaced under guarantee repair passes to the Seller at the time of disconnection. The Client must give the
Seller the opportunity to carry out the guarantee repairs within a reasonable time.
13. In addition to the claims set out in the GTCG, the Client shall be entitled to demand a reduction of the
agreed purchase price or the replacement of the goods with defect-free goods if the goods have already been
repaired three times and the defect concerns the same component, is substantial and cannot be remedied.
14. If the goods are used despite the discovery of a defect or fault, the Seller shall only be liable for the original
defect.
15. The Seller's liability for damages is excluded. The Client shall not be entitled to any further claims for damages, in particular claims for reimbursement of costs, related to the assertion of rights under the guarantee
and claims for compensation, in particular for indirect and consequential damages, which are not normal
consequences of the Seller's act or omission from which the damage resulted.
16. The Seller reserves the right to make technical changes to improve the characteristics of the goods.
17. Only the Client who purchased the device directly from the Seller has guarantee rights. The guarantee is
non-transferable and not assignable to any subsequent purchaser of the device.

Warranty and liability for damages

1. The Seller's liability under warranty is excluded.
2. The Seller shall be liable in accordance with general principles for damage caused by him, his representative
or the person with whose assistance he has performed the obligation, if such damage was caused by wilful
misconduct. Claims for tort damages are excluded if the act or omission out of which the damage arose
constituted the non-performance or improper performance of a agreement or other existing obligation.
3. Insofar as the Buyer's claims for damages are excluded or limited, the exclusion or limitation shall also apply
accordingly to the personal liability for damages of the Seller's employees, persons employed on the basis of a
title other than an employment agreement, co-workers, representatives of the Seller and persons with the
assistance of whom the Seller has performed an obligation, and the Buyer undertakes towards the Seller not
to assert against these persons any claims beyond the exclusion or limitation agreed.