General Terms and Conditions of Guarantee

  1. Scope of Application

The General Terms and Conditions of Guarantee (hereinafter referred to as the “GTCG”) shall apply to all agreements concluded between the supplier, AIUT Sp. z o.o., operating within the AIUNEO Division (hereinafter referred to as “AIUNEO”), and any recipient other than a consumer or a natural person to whom the provisions concerning consumers apply pursuant to Article 3855 of the Civil Code (hereinafter referred to as the “Client”), under which the sale of devices (hereinafter referred to as the “Devices”) is carried out, and which constitute an integral part thereof (hereinafter referred to as the “Agreements”), unless otherwise provided in the Agreement.

  1. Guarantee Terms and Conditions
    1. Pursuant to these GTCG, AIUNEO grants the Client a quality guarantee for the sold Devices for a period of 12 months (hereinafter referred to as the “Guarantee Period”).
    2. The Guarantee Period shall commence on the date of receipt of full payment of the price for the subject of the guarantee; however, it shall not exceed 12 months from the date of delivery of the Device.
    3. Any liability of AIUNEO under the guarantee shall be limited exclusively to the repair or replacement of the defective Device with a defect-free one, in the event of defects arising from causes inherent in the sold Devices, which could not have been detected with due diligence during the acceptance procedure, and which become apparent within the Guarantee Period.
    4. A defect shall be understood as non-conformity of the Device with the specification contained in AIUNEO’s documentation.

  2. Guarantee Exclusions
    1. Any liability of AIUNEO for damages, including under the guarantee, shall not cover:
      1. normal wear and tear of the Device as well as of consumable parts and materials (fuses, batteries, seals, tamper-evident labels, mounting accessories, etc.);
      2. lack of or improper maintenance, storage, preservation, or transportation;
      3. effects of external factors, in particular mechanical, thermal, or chemical damage, flooding, excessive contamination, etc.;
      4. improper operating conditions, in particular installation and use of the Devices contrary to their intended purpose and to the conditions specified in the current AIUNEO documentation as well as in normative documents, certificates of conformity with standards and norms (e.g. maximum/minimum operating temperatures, flooding, dust exposure, explosive zones, aggressive environments, strong magnetic fields, vibrations, overloads, loads, etc.) referred to in the AIUNEO Device documentation;
      5. installation errors or incorrect selection of the Devices;
      6. any repairs, replacements, or modifications of the Devices not authorized by AIUNEO, as well as damage resulting from the use of non-original or non-compliant accessories and materials contrary to the manufacturer’s recommendations;
      7. random events, factors bearing the characteristics of force majeure (understood as any circumstances remaining beyond the control of AIUNEO, unavoidable and unforeseeable despite the exercise of all possible due diligence, including but not limited to: war, epidemic, riots, natural disasters, acts of governmental authority, fires, floods, lightning strikes, changes in law, etc., hereinafter referred to as “Force Majeure”), malfunction of other installations (e.g. electrical, heating, etc.) and/or devices affecting the operation of the Devices (e.g. inverters, relays, humidifiers, coolers, heaters, electromagnetic radiation generators – radio transmitters, etc.);
    2. The Client shall lose its rights under the guarantee if it is established that the Client was aware of the defect/feature/parameters at the time of conclusion of the agreement or during the acceptance procedure of the Devices and raised no objections in this respect.
    3. Only those quality assurances expressly specified in the GTCG, the Offer, or the Agreement may constitute a basis for AIUNEO’s liability. All other assurances provided by law, including statutory warranty for defects (rękojmia) or similar institutions of local law, are hereby excluded.

  3. Submission of a Complaint, Guarantee Service
    1. The Client shall be obliged to promptly report any defect detected within the Guarantee Period, no later than within 30 business days from the date of its detection (hereinafter referred to as the “Complaint Notification”), under pain of losing the right to request the rectification of the defect under the guarantee.
    2. During the Guarantee Period, AIUNEO shall be obliged to accept the Complaint Notification submitted in accordance with the terms and conditions set forth in these GTCG, to perform diagnostics of the Device, and, in the event a defect covered by the AIUNEO guarantee is found, AIUNEO shall, at its sole discretion, repair or replace the defective Device with a defect-free one, including replacement with an equivalent substitute having parameters not inferior to those of the original (hereinafter referred to as the “Guarantee Service”).
    3. As part of the Guarantee Service, AIUNEO shall cover the costs of diagnostics, repair or replacement of the defective Device with a defect-free one, as well as the costs of delivery of such Device to the Client, including basic transport insurance.
    4. The acceptance of the complaint for consideration shall be conditional upon the fulfilment of all of the following requirements:
      1. submission by the Client of a Complaint Notification through the AIUNEO online service at the following address: https://aiutgroup.atlassian.net/servicedesk/customer, or in the form of written documentation attached to the Devices sent to AIUNEO in accordance with Section 4.4.2 of the GTCG below, containing at least: the name, model, serial number, and a detailed description of the defect together with additional information concerning the occurrence of the defect in each defective Device,
      2. delivery of each defective Device, at the Client’s own expense, risk, and effort, including its disassembly and dismantling if necessary, to the dedicated AIUNEO service centre (AIUNEO – IoT Service, ul. Leona Wyczółkowskiego 113, 44-109 Gliwice).
    5. AIUNEO undertakes to perform the Guarantee Service within 30 business days from the date of completion of diagnostics. This period may be extended if its observance proves impossible due to reasons beyond AIUNEO’s control, such as, in particular, lack of availability of materials, extended lead time for components, or the necessity of the Client’s cooperation. In such a case, AIUNEO shall promptly inform the Client of the new feasible date for the performance of the Guarantee Service.
    6. AIUNEO shall not be liable for any losses incurred by the Client in connection with an extension of the repair time for reasons beyond AIUNEO’s control, in particular due to circumstances such as: delays in deliveries from external suppliers or subcontractors, transportation delays, or events of Force Majeure.
    7. The replaced defective Devices shall become the property of AIUNEO.
    8. The Guarantee Period shall be suspended for the duration between the date of delivery of the defective Device to the service centre and the date of dispatch of the defect-free Device to the Client.
    9. If, as a result of diagnostics, it is determined that the defect is not covered by the guarantee, AIUNEO shall have the right to charge the Client with the costs of diagnostics and repair in accordance with the current price list applied by AIUNEO. In such a case, prior to commencing service work, an AIUNEO representative shall inform the Client of the amount of the repair costs, and the service may be performed by AIUNEO only upon the Client’s acceptance.
    10. AIUNEO reserves the right to charge the Client with the costs of diagnostics, repair, packaging, transport from the service centre, insurance, and customs duties where the damage is not covered by the guarantee or where the Devices are found to be free of defects.

  4. Acceptance of Devices
    1. Upon completion of the Guarantee Service, AIUNEO shall notify the Client via the online platform https://aiutgroup.atlassian.net/servicedesk/customer or by e-mail of the readiness for the collection of the Device from the AIUNEO service centre.
    2. Acceptance of the performed Guarantee Service shall occur at the moment of delivery of the Device to the Client, based on the bill of lading, or at the moment of handover of the Device to the Client.
    3. The Client shall be obliged to inspect the Device for the rectification of the defect within 5 business days from the date of receipt. Acceptance performed within this period shall be binding upon the Client and shall constitute confirmation of the proper performance of the Guarantee Service. Failure to raise any objections within the above period shall be deemed acceptance of the performed Guarantee Service and shall result in the loss of the right to submit any further remarks in this respect.
    4. In the event of delivery of the Devices to the Client, the Client shall be obliged to accept the Devices on the day of delivery, including unloading and receipt of the shipment.
    5. If, after the Guarantee Service has been performed, the Client delays the collection of the Device or the issuance of instructions regarding the return shipment of the Device by the carrier within the period specified by AIUNEO, AIUNEO shall be entitled to charge the Client a contractual penalty amounting to 0.3% of the net purchase price of the Device specified in the Agreement (hereinafter referred to as the “Net Price”) for each day of delay, and after one month – 2% of the Net Price for each subsequent day of delay. The total amount of such contractual penalties shall not exceed 100% of the Net Price. Upon reaching this limit, the Device may be returned to the Client at the Client’s cost and risk.
    6. Unless the Device has been repaired or replaced, the Device shall be released or returned to the Client in the condition resulting from the diagnostics performed, which may include partial disassembly or delivery of the Device in parts.
    7. The Guarantee Service does not include reassembly of the Device, in particular on-site installation.

  5. Final Provisions
    1. The Client undertakes to keep confidential all technical, financial and commercial information concerning AIUNEO and its affiliated entities, including, in particular, technical specifications and pricing conditions. The Client may not disclose such confidential information to third parties or use it for any purpose other than the performance of the Agreement, without obtaining prior consent of AIUNEO expressed in writing under pain of nullity. The foregoing shall not apply, however, in cases where the Client is obliged to disclose such information pursuant to mandatory provisions of law, provided that such disclosure takes place to the necessary extent. The Client shall protect AIUNEO’s confidential information at least to the same level as it protects its own confidential information.
    2. If the Client has its registered office in a Member State of the European Union, Polish law shall apply to the Agreement, and all disputes related to the Agreement shall be settled by the Polish common court having jurisdiction over the registered office of AIUNEO.
    3. If any provisions of the GTCS prove to be invalid or ineffective, this shall not affect the validity of the remaining provisions, and the Parties undertake to commence negotiations in order to supplement the GTCS in this respect.
    4. No rights or obligations of the Client may be assigned without the prior consent of AIUNEO expressed in writing under pain of nullity.
    5. AIUNEO declares that it holds the status of a large enterprise within the meaning of the Act on Counteracting Excessive Delays in Commercial Transactions.
    6. Any deviations from the GTCS shall require agreement between the Parties in documentary form under pain of nullity.
    7. The controller of personal data is AIUNEO, and the rules on the protection of such data can be found at: https://aiut.com/en/gdpr/.

 

Gliwice, October 2025 r.