Occasionally a product falls below its guaranteed specifications which therefore impairs its functionality. Naturally the workman is dealt the worst hand in this case, as he has to defend the quality of the work he has carried out. However, this does not have to be the case! Ampack’s extra-contractual warranty on behalf of the workman covers the entire warranty period that the manual worker has vis-à-vis the client.
The manual worker is entitled to make a claim at any time during a maximum of 10 years following the purchase of the product from a specialist dealer, insofar as the requirements as set out in the regulations have been satisfied. In serious cases the claim is quickly and competently dealt with by our technical advisers. We offer a warranty system that works. This is all part of having an eye for the big picture. It is not just the material costs that are covered but also the costs for fitting and removal. You can rest assured with this warranty.
a) Ampack provides a warranty to craftsmen for defects in products sold by Ampack in accordance with the following conditions.
b) A craftsman is deemed to be someone who purchases Ampack products from a dealer or from Ampack directly while working professionally on the construction, renovation or repair of buildings, streets, pipelines or other immovable structures and has the expertise to use such products.
a) The warranty period ends five years after the acceptance of the work or part of the work in which the craftsman installed Ampack products, but at the latest ten years from the delivery of the relevant products by Ampack. Defects can be notified at any time during the warranty period.
b) There will be no new warranty period for replacement or repaired parts. The limitation of the warranty for such parts is the same as for the original delivery.
c) The warranty expires immediately if modifications or repairs are made to the delivered products that have not been authorised by Ampack, or if a defect has arisen and the measures required to mitigate the damage have not been taken immediately.
a) Defects include material defects as well as the lack of guaranteed properties. The guaranteed properties are the properties expressly designated as such in the written specifications of Ampack.
b) The warranty requires the craftsman to process and install the products professionally in accordance with current processing guidelines and standards and best practice at the time of installation.
c) Ampack commits to repair or replace, at their discretion and as soon as possible, any products that are proved to be defective. The right to cancel the purchase or reduce the price is excluded.
d) In addition, Ampack will assume the expenses for removal, dismantling or uncovering the defective products (removal costs) and the costs of the subsequent installation, fitting or moving of goods free of defect, including the costs for repairs to floors, ceilings, walls, etc. (installation costs).
e) If Ampack cannot agree on the defectiveness of the product or the costs of removal and installation with the craftsman, both Ampack and the craftsman have the right to take expert advice to determine the matters in dispute. The parties each appoint an expert and, before starting their investigations, these two experts select an arbitrator. If the experts agree on the reasonable removal and installation costs, their findings are binding on both Ampack and the craftsman. Should they differ from each other, the arbitrator will make a binding decision within the limits determined by both experts. Should the experts differ on the defectiveness of the product, this question can be settled by way of evidence-taking court proceedings, if necessary. Each party bears the costs of their expert, and pays half the cost of the arbitrator. In asserting a claim in accordance with these warranty conditions, the craftsman agrees to be bound by this process for determining damage and costs.
a) The warranty does not cover damage that cannot be proven to be caused by poor materials supplied by Ampack, but is rather due to, for example, errors in construction, wear and tear, improper maintenance, failure to observe instructions for use, unprofessional storage or processing, excessive loading, unsuitable equipment, faults in or damage to other components in the construction, intervention by third parties or other reasons for which Ampack is not responsible.
b) In particular, no liability exists when auxiliary material is used that is not part of the system (tapes, nail seals, etc.) and does not originate from Ampack, or product combinations that do not meet the application guidelines and standards issued by Ampack (e.g. the list of applications of adhesives).
c) No warranty is offered to the craftsman who is not a direct contracting partner of Ampack when claims are made on Ampack by the contractual partner (distributor) himself or by third parties as a result of non-contractual liability for the same defective products.
d) The property-related warranty granted by Ampack to craftsmen who are not direct contracting partners of Ampack apply in addition to and not instead of the craftsman's warranty claims against his direct contracting partner. The craftsman is responsible for asserting his claims against his direct contracting partner (notification of defects, interruption of warranty period).
e) The warranty conditions above are only valid for products listed in Ampack’s official price list and sold by Ampack after 1 April 2016.
f) The craftsman's warranty and liability claims are conclusively regulated by these conditions. Subject to imperative provisions of the law, the craftsman does not under any circumstances have any contractual or non-contractual claims to indemnity for damage such as loss of production, loss of use, loss of orders, loss of profits or other direct or consequential damage.