The present commercial warranty is issued by URSA BENELUX BV, company number VAT BE0437667661 with its registered office at Pitantiestraat 127; 8792 Desselgem (hereinafter referred to as the ‘Warrantor’) and this exclusively in respect of the URSA Terra products sold by the Warrantor (hereinafter referred to as the ‘Materials’).
The present commercial warranty does not affect or limit in any way the mandatory legal remedies upon which the Purchaser can rely under the applicable national legislation. However, if the Purchaser claims and receives a compensation under applicable legislation, the Purchaser waives all rights to any compensation under this commercial warranty.
According to the conditions and within the limits determined herein, the Warrantor issues the following warranty:
The Warrantor warrants that at the time of delivery and 10 years after the time of delivery, the Materials meet the material specifications and tolerancelimits as stipulated in the material information sheet applicable at the time of delivery and available on the following website: www.ursa.be . Under time of delivery is understood the moment when the Materials are sold and delivered by the Warrantor to its direct customer.
Conditions and Limitations
- The warranty is only applicable if the Materials have been stored, transported, handled, installed, and maintained according to the standards of good practice, the local technical standards issued by an official body and the guidelines of the Warrantor as stipulated in the material information sheet and installation guidelines as applicable at the time of delivery.
- The warranty is only applicable if the Materials have been installed using the accessories specified or recommended by the Warrantor, or other accessories of equal quality pre-approved in written form by the Warrantor prior to installation. The warranty shall be excluded for all damages caused by chemical or biological aggression, exceptional circumstances like storm, flooding, unusual climatic conditions, and other cases of ‘force majeure’, air pollution, environmental exposure, dust, moss and in general all damages due to external factors as well as all other damages who could easily have been avoided by regular maintenance and check-up.
- The Warrantor must be informed immediately in writing not later than two weeks after the first damage has been noticed and be given the opportunity to inspect the damages. Upon first request, the Purchaser will provide details of the damage(s), proof of purchase (invoice) and pictures of the damage(s). In case of failure to do so, the present commercial warranty will be void.
- In case of a valid warranty claim, to be proven by the Customer, the Warrantor will, at its sole discretion, either repair the Materials using the means and techniques deemed most suitable or provide new Materials to be delivered free of any charge at the construction site. All other costs including but not limited to demolition, removal and replacement of the defective Materials and the associated costs are excluded.
- The present commercial warranty is in any event limited to the invoice amount of the Materials initially delivered. All indirect or consequential damages, loss of profits, missed opportunities, envisaged cost savings, loss of production under which form or nature whatsoever, are excluded from the present commercial warranty.
- Every offer made under the present Warranty by the Warrantor to settle a warranty claim is made under reserve of all rights. An eventual acceptance is deemed to be a full and final settlement whereby the claimant waives all his rights against the Warrantor. In the event of any remedial intervention by the Warrantor under the warranty, the original warranty period continues to run and is not renewed.
- In case of changes to the present commercial warranty, the commercial warranty in force at the date of delivery shall apply.
- The present warranty is governed by the laws of Belgium (1) excluding its contract of law principals. Any claim or dispute regarding the interpretation and execution of the present warranty, shall be exclusively submitted to the courts of Belgium (2).
(1) Law of the country where the Warrantor has its registered seat
(2) Courts of the country where the Warrantor has its registered seat
URSA BENELUX BV
BTW nr: BE0437667661