Ensto Oy – Standard Guarantee and Liability Terms 01/2022

1. Definitions

In these Standard Guarantee and Liability Terms, the following words shall have the following meanings:

2. Field of Application

Ensto grants a guarantee for its Products under these Guarantee and Liability Terms unless explicitly agreed that the Product is covered by a special guarantee.

3. Order of Precedence

In case of conflict the order of precedence of the contract documents shall be the following:

1. Agreement and/or Confirmation of Order
2. General Sales Conditions
3. Product-specific Guarantee Terms
4. Standard Guarantee and Liability Terms

The above-mentioned contract documents take precedence over all conflicting documents and conditions.

4. Validity

The guarantee is valid in the territory of Europe, Asia, Australia, Africa, South-America, and North-America. The guarantee period is two (2) years unless otherwise agreed upon for a Product or product batch. The guarantee period starts from the date on which the end user received the Product. However, the guarantee is valid for three (3) years maximum starting from the end of the calendar month in which Ensto delivered the Product from its dispatch department. After the expiry of the guarantee period, Ensto’s liability extends only to defects arising from Ensto's intent or gross negligence.

The validity of the Product guarantee requires that Ensto is notified of a defect or fault in the Product in accordance with these Guarantee and Liability terms. In addition, the title and possession of the Product or any part thereof replaced under the guarantee shall transfer or be transferred to Ensto upon replacement. Repair or replacement of the Product or any part thereof under this guarantee does not extend the remaining original guarantee period of the Product.

5. Inspection of the Product and Notification of Defects

Upon the delivery of the Product, the Contracting Party must carefully inspect that the delivery complies with the packing list and technical documents and is externally undamaged. Before installing or attaching the Product, the installer of the Product must also inspect the Product and its technical and other dispatch documents with its numerical data and ensure that the Product works as intended.

The Contracting Party and the installer shall notify Ensto of any fault or defect noticed in the Product without delay, but no later than within eight (8) days from the moment the defect was noticed or should have been noticed under the risk that the guarantee of the Product will expire. The notice shall be sent by email at: order@ensto.com. The notice shall specify the Product, date of purchase, seller, installer, and the location of the Product. The notice shall also include the contact information of the notifier and a description of the defect or fault. In addition, the notice shall be accompanied by a purchase invoice, receipt of purchase, or other corresponding evidence of the purchase and the purchase date of the Product.

6. Guarantee

The guarantee is granted on conditions that:

1. the Product is installed by a qualified person who has sufficient knowledge of electrical equipment installation and electrical safety and who meets the qualification requirements of national legislation;
2. the installation is carried out in accordance with the regulations in force; and
3. the Product is used, serviced, and maintained in accordance with the intended purpose of the Product and following the instructions of the Product.

Ensto undertakes, at its option, to either repair or replace the Product at its own expense if a defect in design, material, or manufacturing occurs during the Product’s guarantee period. The guarantee covers the repair and replacement of the Product including related freight, shipping, and other direct delivery costs. However, the guarantee does not cover such direct or indirect costs that arise from the removal of a defective Product or the installation of a repaired or substitutive Product and relate to the dismantling or reinstallation of other equipment than the defective Product. Ensto or a party authorized by Ensto shall carry out the guarantee repair and, if necessary, will replace the defective Product in whole or in part.

The guarantee does not cover a Product or any part thereof:

1. the repair or replacement of which results from ordinary wear and tear;
2. that is subject to wear and tear;
3. a rating plate of which is modified or removed;
4. that has been repaired, modified, supplemented, or otherwise adjusted against the instructions without a prior written approval by Ensto;
5. the defectiveness of which has not been notified to Ensto in accordance with these Guarantee and Liability terms;
6. that has been broken or damaged as a result of negligence other than Ensto or as a result of an accident, incorrect installation, incorrect use, or an exceptional natural phenomenon;
7. the use of which is incorrectly designed, for example, by installing the Product in an unsuitable environment;
8. that has not been installed by the Best Before Date of the Product provided that the Product has a Best Before Date; or
9. that has otherwise been broken or damaged for any reason other than attributable to Ensto.

7. Limitation of Liability

Under no circumstances shall Ensto be liable for any costs or expenses arising from disassembly or installation of the repaired or replaced Product or part thereof if not agreed in advance with Ensto in writing. Ensto’s liability covers only necessary disassembly or installation actions and reasonable expenses or costs incurred thereby.

IN NO EVENT SHALL ENSTO BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL EXPENSE, COST, OR DAMAGE INCLUDING INTERRUPTION OF PRODUCTION, DECREASE IN TURNOVER, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF PRODUCT USABILITY OR BENEFIT OF USE, AND LOSS OF CONTRACT UNLESS THE DAMAGE IS CAUSED INTENTIONALLY OR OF GROSS NEGLIGENCE.

In addition, the limitations of liability contained in the General Sales Conditions shall apply (Please see General Sales Conditions).

8. Applicable Law and Dispute Resolution

These Guarantee and Liability Terms are governed by the laws of Finland. However, provisions on choice of law and the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply.

Disputes arising from these Guarantee and Liability Terms are settled in accordance with Clause 22 (Applicable Law and Arbitration) of Ensto’s General Sales Conditions.