THE GENERAL TERMS AND CONDITIONS OF THE WARRANTY
Altaterra Kft., company number: 08-09-013626, Malom köz 1, 9431 Fertőd, Hungary
“(“Altaterra“) provides a 10-year warranty on its windows and flashings.
Please find below the warranty terms and conditions.
I. Duration and subject matter of the warranty
Altaterra gives the end user
1) a 10-year warranty on all Altaterra attic windows (with the exception of the exit windows for unheated and unoccupied attics, including glass panes and flashings. Altaterra gives the end user a two-year warranty on the exit windows for unheated and unoccupied attics, roller blinds and sunscreen accessories. In addition to a 10-year basic warranty on attic windows, Altaterra grants, for windows sold under the roofART brand, the PREMIUM model THERMO (XPT) and PCV THERMO (XCT), and manufactured by Altatterra, to the end user an additional 15-year warranty on damage to the glass due to hail and window hinges.
The warranty covers the above mentioned products, which have been delivered to the first end-user after 1 May 2012.
II. Start of the warranty period
The warranty period begins when a new product is delivered to the first end-user.
If the end-user is not able to document the delivery date, Altaterra reserves the right to determine the starting date of the warranty period on the basis of documentary evidence that makes it possible to determine the likely date of manufacture.
III. Scope of warranty
3) The warranty covers defects of the product resulting from material defects, production or structural measures.
4) In the case of a valid complaint within the period of validity of the warranty, Altaterra’s liability will be limited to supplying free of charge a replacement for the product or part thereof. However, Altaterra has the right to remedy defects where, in the opinion of Altaterra, repair is possible. Altaterra is not responsible for the costs of disassembly of the old product, adaptation of the new product, assembly of the new product or similar costs.
EXCEPT IN THE CASES EXPRESSLY PROVIDED FOR HEREIN CONDITIONS, ALTATERRA IS NOT RESPONSIBLE FOR ANY LOSSES, COSTS AND EXPENSES INCURRED DIRECTLY EITHER INDIRECTLY BY THE END USER OR IN ANY OF THE FOLLOWING OTHERWISE SHALL NOT BE OBLIGED FOR THE PAYMENT OF COMPENSATION. ALTATERRA IS NOT LIABLE FOR DAMAGES, OR INDIRECT OR CONSEQUENTIAL LOSSES AND LIABILITY FOR A PRODUCT OTHER THAN THAT RESULTING FROM THE APPLICATION OF THE CURRENT PROVISIONS OF LAW.
Altaterra does not exclude or limit its liability for death or personal injury caused by negligence or for damage whether caused due to a prohibited act or intentionally or otherwise to the extent that such exclusion or restriction is invalid, prohibited or ineffective in accordance with applicable laws.
Delivery of products or spare parts or repair does not extend the original warranty period.
IV. Written complaint
In order to make use of this warranty, the end-user must send a written complaint within the guarantee period to the distributor from whom he has purchased the window or, to the supplier Altaterra, within one month of the day on which the user detected or should have detected the defect.
V. Warranty exclusions
This warranty does not cover: discoloration of any invisible elements, colour change or fading caused by the sun/condensation/acid rain/saltwater spray or any other conditions resulting in corrosion or alteration of the material, any discolouration, or deterioration of wood due to non-execution at least once every 2 years cleaning and varnishing, knots in wood, natural colour changes in wood, steel and aluminium, and slight irregularities – including changes in the colour of the glass – which do not reduce visibility in a significant way or affect other similar parameters, whether or not they can be regarded as defects.
In addition, this warranty does not cover any defects or damages of any kind resulting directly or indirectly from: a) faulty assembly, i.e. the installation not complying with the installation instructions or (in the absence of such installation instructions) not in accordance with good professional practice, b) from non-observance of recommended installation area instructions, c) incorrect operation or use, d) negligence in maintenance as described in the instructions for use, or(in the absence of such instructions) normal maintenance, (e) use of unsuitable spare parts or accessories (e.g. power supply), f) transport (g) modification of products, (h) events force majeure i) other defects and damage not resulting from defects of material, production or structural nature. The above list is not definitive.
VI. Miscellaneous provisions
In addition to the provisions of this warranty, the applicable legal provisions apply. It may be that as a result of the application of such provisions, the rights of the user shall be wider than those granted to them under this warranty. This warranty does not limit the claims of the end-user towards the distributor from whom the end-user purchased the product. This warranty is governed by and in accordance with the laws of Hungary and should be interpreted as such
VII. Footnotes – Additional explanatory notes
“End-user” means a legal or legal person who is the owner of the product and who has not purchased it for resale or assembly in the course of their business practices.
“First end-user’ means an end-user who, as first purchased the product from Altaterra, a distributor or another legal entity that purchased the product from Altaterra for resale or assembly within the scope of their business activity.
The end-user can take advantage of this warranty in the event of a defect existing according to scientific or technical knowledge at the beginning of the period
the duration of the guarantee. The cause of the defect must be present at that time.
Any discrepancies between the standards in effect at the time of the purchase of the product (including, for example, the standards on the basis of which it was granted CE certification) and the accordance of the product with the applicable standards at the time of manufacture, are not considered to be defects covered by this warranty.
The burden of proving that the warranty period has not expired rests with the end-user.