OWG

General warranty conditions

General Guarantee Terms and Conditions HENMAR CABINS Company
with limited liability Sp. K. of 28.03.2025.

§ 1 Definitions and general provisions:

1. Buyer - the legal entity or natural person named in the offer, order, order confirmation or contract 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 the NIP tax identification number: 6211003470.
3. Offer - a written declaration by the Seller constituting an offer within the meaning of the Civil Code.
4. Order - written notification from the buyer of acceptance of the offer or any other written declaration of intent expressing willingness to purchase.
5. Order confirmation - a written declaration from the seller confirming the terms of the concluded contract.
6. Contract - sales contract as well as the framework 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.
7. OWG - General Terms and Conditions of Warranties, which apply to all sales contracts, framework agreements, orders, offers, confirmations of delivery of goods and services concluded by the Seller with Purchasers. The GTCG shall apply to contracts concluded with consumers insofar as they do not contradict mandatory regulations.
8. Any provisions which deviate from the provisions of the GTCG must be in writing to be valid.
9. The property rights of copyright and, if any, industrial property rights in the works prepared by the
   The Seller shall be entitled to all 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. 10.Any legal actions that result in direct or indirect transfer to third parties of any rights of the Purchaser resulting from 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. The GTCG shall also apply if they have been made easily accessible to the Buyer. The GTCT shall be deemed to have been served on the Purchaser if the GTCT are invoked.                  in the offer, contract, order confirmation, invoice, together with an indication of the website where the full content of the GTC is available.

§ 2 Guarantee of goods quality

1. The seller shall be liable under the guarantee for defects in material and workmanship of the goods, provided that such defects are ascertained and acknowledged by an appropriate protocol. The Seller shall make good any deficiencies and rectify any defects in the goods covered by the guarantee at its own expense.
2. The warranty period, unless otherwise agreed, is calculated from the date of delivery and is as follows:

• Seller's new assembly goods - 24 months with a limit of 2,400 operating hours (in the case of an extended warranty, each additional year with a limit of 1,200 operating hours);
• New merchandise Buyer assembly - 12 months with a limit of 1,200 operating hours;
• original spare parts supplied and fitted by the Seller - 12 months;
• other goods on offer - 12 months with a limit of 1,000 operating hours (if applicable).

1. 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 trolley, etc.
2. The basis for the Buyer's warranty 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 Buyer's failure to cooperate in enabling the Seller's technician to perform his service activities is tantamount to a waiver of his guarantee rights by the Buyer.
3. Only goods which have been operated in accordance with the applicable legal provisions are covered by the guarantee,
   intended use, operating instructions and warranty conditions and installed in accordance with standards
   technical.
4. Liability under the guarantee does not cover, among other things:

• faults and defects resulting from the misuse 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                      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 carried out by the Buyer 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 on the goods or parts thereof resulting from normal use, such as: rollers, bearings, fuses, 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;
• any defects and faults 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.

1. Any repairs, maintenance, technical inspections, improvements or other modifications made to the purchased goods, carried out by the Buyer or third parties without prior written agreement with the Seller, are not covered by the guarantee and exclude the following                  the purchaser's rights under the guarantee in full.
2. Under penalty of forfeiture of the guarantee, it is the Buyer'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).

1. The Seller reserves the right to refuse to carry out repairs or paid warranty inspections if the accounting records show that the Buyer is more than 14 days late in paying for previously supplied services or goods.
2. 10.The Buyer is obliged to examine the delivered goods, including their conformity with the order or the contract, at the time of delivery. Visible and obvious defects the buyer is obliged to report.           in writing during acceptance, and hidden defects as soon as they are discovered. The date of discovery of the defect shall be documented. In the event of a late complaint, the Buyer's claims shall lapse.
3. In the case of a justified warranty complaint, the Buyer shall be entitled to demand the rectification of the defect within 14 days from the date of delivery of the goods to the place indicated by the Seller or - if, at the Seller's choice, the defects of the goods are to be rectified at the Buyer'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.
4. 12.Parts of the ordered goods proven to be defective at the time of passing of risk to the Purchaser shall be repaired free of charge or re-delivered free of defects, at the Seller's choice. Ownership of the part replaced under warranty repair shall pass to the Seller at the time of disconnection. The Purchaser must give the Seller the opportunity to carry out the warranty repairs in due time.
5. 13.In addition to the claims set out in the GTC, the Buyer 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.
6. 14.If the goods are used despite the discovery of a defect or fault, the Seller shall only be liable for the original defect.
7. 15.The Seller's liability for damages is excluded. The purchaser shall not be entitled to any further claims for damages, in particular claims for reimbursement of costs, related to the           with the assertion of warranty rights and claims for damages,                      in particular for indirect damage  and consequential which are not the normal consequences of the Seller's act or omission from which the damage resulted.
8. 16.The vendor reserves the right to make technical changes to improve the
   Product features.
9. 17.The warranty rights are vested only in the purchaser who purchased the device directly from the Seller. The guarantee is non-transferable and is not assignable to any subsequent purchaser of the device.

§ 3 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 performed the obligation, if such damage was caused by wilful misconduct. Claims for damage due to tort are excluded if the act or omission from which the damage resulted constituted non-performance or improper performance of the contract or other existing
   commitments.
3. Insofar as the Buyer's claims for damages are excluded or limited, the exclusion or limitation shall also apply mutatis mutandis to the personal liability for damages of the Seller's employees, persons employed on the basis of a title other than an employment contract, 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 any claims against these persons beyond the exclusion or limitation agreed upon.