Guarantee Terms and Return Policy
1. Aktsiaselts KONESKO (hereinafter: Manufacturer) hereby gives the following limited guarantee with regard to products produced by it (hereinafter: Products).
2. The Manufacturer subject to terms and conditions contained herein guarantees only against faulty manufacturing and the Manufacturer shall fix any manufacturing faults
that appear within two (2) years. Guarantee period starts on the later of (1) the day you obtained the goods from a distributor or (2) the day that we dispatched the goods,
provided that the total period covered can never be longer than three years after dispatch. The Manufacturer reserves the right upon its choice to replace the non‐
conforming Product. Unless clearly stated otherwise, the replacement of the Product shall not extend the guarantee period stipulated herein.
3. Extended Product Guarantee period is extended to five (5) years only, if:
i.
Manufacturer approves the site location;
ii.
Manufacturer approves the installation and commissioning;
iii.
Manufacturer approves the tower and foundation, and the tower must be a tilt‐up tower;
iv.
Manufacturer receives the turbine data to Manufacturers server (this will require the turbine owner to pay for a SIM card and GSM/GPRS data charges);
v.
An Manufacturer‐approved inspections are carried out on the sooner of every once a year or 20,000kWh, according to turbine owner manual;
vi.
This warranty excludes consumables or lifed items (which include but are not limited to: greases, fuses, brake pads, capacitors, batteries and varistors);
vii.
This warranty excludes damage caused by exceptional events (which include but are not limited to: malicious acts or foul play, vandalism, fire damage,
lightning, insect & animal damage; foreign object damage, environmental conditions exceeding the design limits, or as may be determined by Manufacturer).
4. The Product must be installed and maintained in accordance with the Manufacturer’s user instructions and serviced annually, proof of servicing may be required to validate
a guarantee.
5. Once installed the Product must not be moved unless authorisation has been provided by us in writing for you to do so.
6. The Manufacturer shall not assume any responsibility for non‐conformities arising out of improper installation or use of the Products or any other circumstances unrelated
to manufacturing faults or any damage arising from it.
7. The user of the Product shall inform the Manufacturer in writing (including e‐mail) of any non‐conformities as soon as practicable, but in any case within seven (7) days from
the time when the user discovers the non‐conformity or should have discovered the non‐conformity. The notice of non‐conformity shall include a reasonable description of
the non‐conformity.
8. Should the user of the Product fail to inform the Manufacturer of the non‐conformity within the time limit stipulated herein or sufficiently describe the non‐conformity, the
user loses the right to rely on the non‐conformity and at least two photos.
9. If necessary the Manufacturer shall send its maintenance engineer to observe the situation at the site. The summoning fee of the maintenance engineer will be invoiced
according to the Manufacturer’s price list.
10. The guarantee repair shall be made free of material and labour charges by the Manufacturer or the Manufacturer’s authorized representative, who, when needed, shall
replace the defected Product in whole or in part with new one. The precondition of the liability to carry out a repair under the guarantee, if the Manufacturer so demands, is
that the non‐conforming Product or the non‐conforming part of the Product is returned to the Manufacturer or a third party nominated by the Manufacturer at the cost of
the user. If the Manufacturer or its authorized representative replaces any component or Product, the component or Product removed will become Manufacturer’s
property.
11. Should it appear that the Manufacturer is not responsible for the non‐conformity or may refuse to fix the non‐conformity, the Manufacturer retains the right to demand
reimbursement of any costs incurred.
12. Except as prohibited by applicable law, in no event will the Manufacturer be liable to the user of the Product or to any third party for lost profits, loss of business
opportunities or the like, or for any special, incidental, indirect, consequential or punitive damages howsoever arising out of or in connection with these guarantee terms
and return policy or whether for breach or repudiation of these terms, tort (including negligence) or otherwise, even if such party has been priory advised of the possibility
of such damages.
13. Except as prohibited by law, the entire liability of the Manufacturer to the user of the Products or to any third party for any claim or cause of action arising hereunder
(whether in contract, tort, or otherwise) shall not exceed the price of the relevant Product as listed in the Manufacturer’s price list.
14. Any claims regarding the non‐conformities of the Products shall be submitted to the following contacts: service@konesko.ee
15. These guarantee terms and return policy shall be interpreted according to and governed by the laws of the Republic of Estonia.
16. Any dispute arising under or by virtue of these guarantee terms and return policy shall be finally resolved by Harju County Court, Tallinn, Estonia.