GENERAL GUARANTEE CONDITIONS FOR CO-UNITY LIGHTING PRODUCTS B.V. - "TOSHIBA LIGHTING"
General terms of guarantee
CO-UNITY B.V., with it’s registered office at Strawinskylaan 411, 1077 XX Amsterdam, Netherlands, hereinafter referred to as the „Guarantor”, hereby grants the guarantee for the lighting products, on terms as stated herein.
The Guarantor declares that the above products are free from production and material defects, and if they are used as intended, they will function properly for a period no shorter than the duration of the guarantee protection, unless otherwise stated herein.
The guarantor provides a guarantee for sold products for the period of:
2 years for TOSHIBA LED light sources
5 years for all LED luminaires by TOSHIBA
The guarantee applies on the following conditions:
The guarantee covers only production defects and inherent product defects, i.e. concealed defects caused as a result of manufacturing defects or concealed material defects;
Luminaires should be used, installed and kept as instructed in the data sheet and installation instructions;
Unless otherwise specified in the data sheet, the Toshiba luminaires are intended for standard working conditions;
Standard working conditions are understood as ambient temperature in the range from -10 ° C to + 25 ° C, humidity: <85%, pressure: 690-1060 hPa;
The luminaire should not be used in conditions threatening the structure, coat paint, electrical equipment installed in the luminaire. These conditions include: high humidity, temperature, dustiness, the presence of non-inert chemical substances in the air, UV radiation and shocks and vibrations;
The data sheet contains a detailed description of the product along with a general indication of the use in standard working conditions;
If the product is intended for an environment requiring special technical properties, the indication of these properties is specified in the data sheet. In case of no indication of special technical features, for the use of the luminaire please contact CO-UNITY Technical Department B.V. via the following e-mail address: firstname.lastname@example.org
If the conditions in which the luminaires are to be used differ from the conditions for which the luminaires are intended, the Buyer shall notified the Guarantor, prior to the purchase, of such conditions; the Guarantor shall confirm the possibility of the use of the luminaires in such surroundings;
The products shall be used according to their purpose and given product specifications (assembly instructions, data sheet, label), additionally, if such a requirement is provided in the documentation attached to the products, service inspections, consulted with the CO-UNITY Technical Department of the BV, are to be carried out;
The installation of the products has been carried out professionally by authorized personnel, according to the conditions set out in the assembly instructions attached to the products as well as the data sheet and in accordance with the art and technical knowledge;
The modification of the product functions or the software update are to be conducted by the luminaire manufacturer or a third person indicated by the luminaire manufacturer;
All repairs or maintenance of the products have been made with the use of expert knowledge and according to the manufacturer's recommendations;
Products were not exposed to mechanical and / or chemical overloading that threatens the design of the construction, the paint coating or inside electronic components of the luminaire;
Ambient temperature and the power supply voltage do not exceed the values specified for the products in the specifications or technical standards.
Failure to fulfil the aforementioned and other rules stated herein shall result in the inability to use the rights from the Guarantee.
Scope of the guarantee
The guarantee begins from the date of purchase of the product by the Buyer, resulting from a VAT invoice or other document confirming the purchase of goods.
To the extent permitted by law, the Buyer's warranty rights for defects from Civil Code are excluded.
Unless otherwise stated in the technical cards / brochures of the product, the guarantee only covers product defects resulting from design, material or production errors, as well as from the excess of the average nominal failure rate, for electronic components (power supplies, controllers, ballasts, LED modules) being 0.2% of damage per 1000 hours of work.
The guarantee shall not cover:
Natural wear and tear of used materials, such as: discolouration or loss of elasticity of plastic parts (e.g. yellowing of polycarbonate diffusers), tarnishing varnish due to atmospheric conditions, aging process etc.;
Defects resulting from damaged software, viruses, services related to software updates or reboots, incorrect component settings resulting from wear and tear, pollution, third party activities (in particular installers using products covered by the guarantee) etc.;
Defects resulting from the effect of chemical, thermal, mechanical, light and other factors, which impact on the products is contrary to the operating instructions and technical knowledge;
Additional costs associated with the recognition of the guarantee and the removal of defects, which include: costs of assembly and disassembly of the defective product; These costs are to be covered by the Buyer;
Products that have removed, covered or illegible serial numbers, article numbers, luminaire names, marks specifying the manufacturer or other markings allowing their identification.
The parameters of the new LED luminaires are covered with a tolerance of +/- 10% for luminous flux, power and colour temperature. Unless the product specification states otherwise, the guarantee for products using LED technology does not cover damage and natural loss of product parameters if the loss criterion L70B50 described in IEC 62717 is met in 50,000 hours.
The claim shall be made by filing a guarantee claim form.
In the event of filing a guarantee claim, the Buyer is obliged to fill out the guarantee claim form and send it to the Guarantor without delay.
The guarantee claim shall be null and void and result in loss of the guarantee rights unless submitted in writing to the Guarantor under the following address: Poland, Warsaw al. Jerozolimskie 96, 00-807 with the inscription "Toshiba complaint" or by e-mail to: email@example.com, along with a detailed description of the defect found and attached proof of product purchase (VAT invoice, fiscal bill or copy of the purchase contract) as well as a documented description of the defect. The Buyer shall also include all necessary contact details.
The Guarantor shall review the claim within 14 days from the date of delivery of the documents indicated in point 3.3. The Guarantor is entitled to extend this period in case the defective goods need to be returned in order to perform detailed technical tests, of which the Guarantor shall immediately inform the Buyer.
The Guarantor shall notify the claimant about the review of the claim in writing, by phone, fax or e-mail, according to the data indicated in the claim form.
The Guarantor's liability is limited to the maximum value of the products in the date of purchase.
If the guarantee claim is positively reviewed, the Guarantor shall be entitled each time to decide to either repair the defective product, replace it with a product free of defects, reduce its price or exchange for a product with the same use and similar technical parameters in case the product subject to complaint has been withdrawn from offers.
In case of the Guarantor choosing to repair a defective product, used or regenerated components for replacement are allowed, which in terms of performance, functionality and reliability are equivalent to new components and are free from defects and material shortages.
During the guarantee process, the repair of the product or its replacement with a product free from defects are free of charge.
From the moment of delivery of the item free from defects, the guarantee runs anew. If repair is significant, the guarantee runs again for the product. If the Guarantor limited the replacement to some of the items, the guarantee runs anew for such part. In other cases, the guarantee period is extended only by the time in which the person entitled to the guarantee could not use it as a result of the defect in the item covered by the guarantee.
If the claim is positively reviewed, the Guarantor shall fulfil it’s guarantee obligation within 14 days, unless circumstances beyond the Guarantor's control appear, affecting the extension of the deadline, such as: the need to perform additional laboratory tests, ordering non-standard components to be used in repaired luminaire or imported from suppliers, etc.
If the claim has been submitted without due cause, the obligation to collect the product rests with the Buyer. If the product is not picked up after the Guarantor's notification, the cost of storing the product, or the cost of sending it back shall be borne by the Buyer.
In the event of the Buyer or indicated third parties, shall interfere in the luminaire, repair, alteration or remedy of defects in the products, without the written consent of the Guarantor, all claims under this guarantee expire in time of the interference.
The warranty also expires in case of the misuse of the product.
If guarantee claim form is submitted by the Buyer, the Guarantor reserves the right to inspect the defects of the products subject to the guarantee at their place of use. Lack of consent of the Buyer to conduct such inspection by the Guarantor or a representative appointed by the Guarantor shall be treated as withdrawal from the guarantee claim.
The Guarantor accepts the possibility to provide paid repair services for the products, including post-guarantee repairs, the terms of which will be each time agreed between the Buyer and the Guarantor.
Within the limits covered by applicable law, CO-UNITY B.V. shall not be liable for any loss, damage, increased cost or expenses, the loss of possible use of the product, it’s functionality, product damage, any lost benefits, savings, contracts, revenues or for any loss or additional costs not resulting from the direct fault of CO-UNITY B.V.
This guarantee applies to Polish law
The guarantee conditions are available on the manufacturer's website: www.co-unity.eu