Warranty conditions

A. Product warranty
S:FLEX GmbH, Reinbeker Weg 9, 21029 Hamburg (hereinafter referred to as “S:FLEX GmbH”) places the highest demands on the quality of its products. These are manufactured in compliance with the highest quality requirements. S:FLEX GmbH (guarantor) grants its customer as direct contractual partner (warranty holder) the following product warranty in accordance with the corresponding agreement.

The guarantor guarantees to the warranty holder that the metal components of the frames are free from defects in material and workmanship for a period of 10 years from the transfer of risk, subject to the conditions of this warranty. Excluded from this are wearing parts.

This product guarantee applies exclusively to S:FLEX frame systems.

B. Warranty conditions

1. warranty services
If there is a warranty case in accordance with the following warranty conditions and if a frame shows a defect within the agreed warranty period, the frame will be repaired at our discretion – provided this is not impossible or disproportionate – by us.

  • repaired by us or
  • a replacement frame of the same type and age is supplied.

If the type of frame is no longer produced at the time of the warranty claim, the guarantor reserves the right to supply a different type of frame, which may differ in size, shape, color or similar. For newly delivered or repaired frames, only the remaining time of the original warranty period applies. The frames may only be transported or shipped to and from the guarantor with the prior consent of the guarantor. If the guarantor agrees to the intended measure, the guarantor shall bear the transportation or shipping costs incurred in carrying out the measure.

2. general guarantee conditions
2.1 The guarantee only justifies claims by our direct contractual partner, through whom all guarantee cases are to be processed. Assertion of the guarantee by third parties is only possible with our prior written consent. 2.2 This guarantee applies independently of statutory warranty claims or non-contractual claims. This guarantee is an independent, voluntary and free service of the guarantor, which has no influence on the quality agreements between the seller and the buyer.
2.3 The guarantee applies within the European Union or within a third country in which the frame was first placed on the market by the guarantor, with the exception of the USA and Canada.
2.4 Guarantee claims can only be asserted within the applicable guarantee period. An extension of the warranty period, for whatever legal reason, is excluded.
2.5 If the warranty holder is an entrepreneur, the prerequisite for the assertion of warranty claims is that he has properly fulfilled his obligations to inspect and give notice of defects in accordance with § 377 HGB (German Commercial Code).

3. limitations of liability and exclusions of liability
3.1 The prerequisite for a claim under the guarantee is proper and professional application, installation, maintenance and use of the racks under normal operating conditions. Furthermore, compliance with the assembly, maintenance and operating instructions, including the safety and warning information contained therein, is a prerequisite for a claim under the guarantee. The warranty claim does not extend to wearing parts.
3.2 A warranty claim does not exist if damage or impairment of the product

  • have arisen because the product was not transported, installed, assembled, tested, repaired or operated in accordance with our assembly and operating instructions or the product was transported, installed, assembled, tested, repaired or operated contrary to the generally recognized rules of technology
  • have arisen because the product was not stored properly before or during installation have arisen because the product was not used or operated in accordance with the agreed technical specification or contrary to the intended use.
  • are caused by the product being exposed to exceptional environmental influences or force majeure (lightning, hail, fire, storm, natural disasters, etc.) or vandalism or theft due to corrosion, e.g. as a result of oxidizable metal combinations on the photovoltaic field (e.g. chemical reactions with copper).
  • are caused by the fact that the load-bearing capacity of a roof structure or the floor was not ensured in accordance with the generally recognized rules of technology and the applicable technical standards before the racks were installed.
  • are caused by the fact that the roof construction or the floor does not comply with the requirements/specifications in the installation instructions for the respective product.
  • are caused by tampering with or modifications to the product or its accessories without the express consent of S:FLEX GmbH.
  • have been caused by the product not being serviced once a year by qualified personnel. have been caused by the use of non-original S:FLEX accessories, spare parts or other components.

3.3 The warranty claim does not apply to cosmetic defects, i.e. minor deviations from the target quality that are insignificant for the value and intended use.
3.4 The guarantor is not liable for delays in performance under this guarantee due to force majeure, war, warlike conditions, riots, strikes, epidemics, fire, flooding or other comparable circumstances that are outside the guarantor’s area of responsibility.
3.5 Claims over and above the rights specified in the guarantee conditions, in particular for compensation for direct or indirect damage, such as in particular loss of profit, as well as damage due to business interruptions or damage caused by the dismantling, inspection, disposal, reinstallation or transportation of the defective product or the product to be delivered, are not covered by the guarantee. The total scope of liability under the guarantee is limited to the purchase price to be paid by the customer for the product.
3.6 The aforementioned limitations of liability do not apply to claims

  • for damages due to intentional or grossly negligent damage caused by our legal representatives or vicarious agents,
  • in case of slight negligence, if and insofar as the guarantor, its legal representatives or vicarious agents have breached a material contractual obligation (so-called cardinal obligation), the fulfillment of which is essential for the proper performance of the contract.
  • performance of the contract at all and on compliance with which the customer may regularly rely.
  • for damages to life, body and health for which our legal representatives or vicarious agents are responsible in the event of mandatory statutory strict liability, in particular under the Product Liability Act

4. procedure in the event of a complaint
4.1 In the event of a warranty claim, please contact the warranty department immediately:

S:FLEX GmbH
Reinbeker Weg 9
21029 Hamburg
Tel: +49 761 888 5608 0
Fax: +49 761 888 5608 39
E-Mail: order@sflex.de

Please note that components that are subject to complaint and that are received by S:FLEX GmbH without prior notification by telephone cannot be accepted.

4.2 Please always have the following information ready for the call:-

  • Your name and address as well as a telephone number where we can reach you
  • The model designation of the frame
  • Location and address of the rack installation
  • The installation date
  • The project-related technical documentation
    Complete list of observed errors and other information that can contribute to the analysis
  • The proof of purchase

4.3 The employees of S:FLEX GmbH will inform you about the further procedure and provide you with your individual complaint number, which you can use to obtain information about the processing of your complaint. Please always quote this complaint number in future correspondence or in the subsequent processing of the complaint.
4.4 If you are asked by S:FLEX GmbH employees to send certain documents as part of the complaint processing, these must be sent by post or fax to the address given in section 4.1.

5. final provisions
5.1 Rights arising from and in connection with this guarantee are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
5.2 The exclusive place of jurisdiction is generally agreed to be the head office of the guarantor or, at his discretion, the branch office of the policyholder named in the order letter, provided that the requirements of §§ 38 ZPO are met and nothing else has been agreed. The policyholder may also be sued at the court at its registered office
.
5.3 The language of the guarantee is German. Should any contradictions arise between the foreign language version and the German version, the German version shall prevail.
5.4 Should any provision of these guarantee conditions be invalid, this shall not affect the validity of the remaining provisions. In the event of an invalid provision, the provision that comes closest to the intention of the parties and the economic purpose of the contract shall apply.