Kohler SDMO INTENS HX 3000 C5 Manuel D'utilisation Et D'entretien page 26

LIMITATION OF THE WARRANTY:
The warranty applies to units installed, used or maintained in accordance with the documentation provided by SDMO Industries,
and in the event of any operating defect with the unit, caused by a fault with the design, manufacture or material. SDMO Industries
does not guarantee the performance capabilities of the unit, or its operation or reliability if it is used for specific purposes. Under no
circumstances can SDMO Industries be held responsible for any consequential loss, whether or not arising out of material damage,
which includes but is not limited to the following: Any operating losses, costs or expenses resulting from unavailability of the unit,
etc. The warranty is limited to the cost related to the repair or replacement of the unit or one of its components, excluding
consumables. The warranty therefore covers the costs of parts and labour, excluding travel costs. The cost of transporting the unit
or one of its components to the workshops of SDMO INDUSTRIES or one of its approved agents shall be borne by the Customer;
the "return" transport costs shall be borne by SDMO Industries. However, in the event that the warranty does not apply, all transport
costs shall be borne by the Customer.
CASES OF EXCLUSION FROM THE WARRANTY:
Warranty exclusion applies in the following cases: damage resulting from transporting the unit; incorrect installation or installation
not complying with SDMO Industries recommendations and/or technical and safety standards; use of non-recommended products,
components, replacement parts, fuel or lubricants; incorrect use or misuse of the unit; modification or conversion of the unit or any
of its components not authorized by SDMO Industries; normal wear and tear of the unit or of one of its components; damage due to
negligence, failure to monitor, service or clean the unit; force majeure, acts of God or other external causes (natural disaster, fire,
impact, flooding, lightning, etc.); operation of the unit with insufficient load; inadequate storage conditions of the unit. The following
components are also excluded from the warranty: the starter systems (batteries, starter motors, starter), the filters, the belts, the
fuses, the switches, the lamps, the commutators, and all consumables and wearing parts.
TERMS AND CONDITIONS FOR APPLICATION:
The warranty must be applied by the distributor from which you purchased your unit. You are requested by SDMO Industries to
locate your purchase invoice and contact the distributor or, where applicable, the Customer Service Department of SDMO
Industries. Staff from this department can answer your questions concerning the warranty's application conditions; contact details
are as follows: SDMO Industries, 270 rue de Kerervern – 29490 GUIPAVAS / CS 40047- 29801 BREST CEDEX 9 –
Tel: France 0.806.800.107 (call charge) – Fax: +33298416307.
Information for the consumer, who is defined as any individual acting for purposes outside of his or her trade, business, craft or
profession.
SDMO Industries is liable for any conformity issues with your unit under the conditions set out in article L. 211-4 and following of the
Consumer Code and for hidden defects in the sold item under the conditions set out in articles 1641 and following of the civil code.
Under the conformity guarantee:
- you have a period of 2 years from the date your unit was delivered to make a claim under the statutory conformity
guarantee.
- you may choose between repair or replacement of your unit, subject to the conditions set out in article L. 211-9 of the
Consumer Code.
- you are required to send proof of the existence of the conformity issue with your unit within 6 months of the item's delivery.
This period is extended to 24 months from 18 March 2016; this does not apply to used items.
The statutory guarantee applies independently of the commercial warranty provided by SDMO Industries.
You may also decide to implement the guarantee applicable to hidden defects with your unit under the conditions set out in article
1641 of the Civil Code. If there is a hidden defect with your unit, and you are required to provide proof, you may choose between
cancellation of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.
Article L211-4
The vendor is required to deliver goods that comply with the contract and is answerable for any non-compliances existing
on delivery. It is also answerable for any non-compliances resulting from packing, assembly instructions or installation when in the
charge of the latter under the terms of the contract or when carried out under its responsibility.
Article L211-5
To comply with the contract, the goods must:
1. Be suitable for the use customarily expected of similar goods and, if applicable, must:
- match the description given by the Vendor and possess the qualities that the Vendor has presented to the Buyer in the
form or a sample or model;
- have the qualities a Buyer can legitimately expect, considering the public statements made by the Vendor, the producer or
its representative, particularly in its advertising or labeling;
2. Or alternatively, present the characteristics mutually defined by the parties or be suitable for any special purpose desired by the
Buyer which has been made known to the Vendor and which the Vendor has accepted.
Article L211-12
Action arising from a non-compliance is limited to a period of two years from the date of delivery of the goods.
Article L.211-16
When, during the term of the commercial warranty granted to the Buyer when the goods were purchased or repaired, the Buyer
requests a repair from the Vendor which is covered by the warranty, any period of immobilisation of seven days or more shall be
added to the remaining term of the warranty. This period shall apply from the date the Buyer requests that work is performed or
when the goods in question were made available for repair, if this second date precedes the request for the work to be performed.
Article 1641
The vendor is bound by the warranty for any hidden defects in the item sold which make it unsuitable for its intended purpose or
which limit the said purpose to such an extent that the purchaser would not have acquired it, or would only have paid a lower price
had they been aware of it.
Article 1648 sub-paragraph 1
The purchaser must instigate action resulting from unacceptable defects within two years of discovering the defect.
LEGAL GUARANTEES
Articles of the Consumer Code
Articles of the Civil Code
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