Limited warranty terms and conditions

applied to the products by KharkovEnergoPribor Ltd.

LIMITED WARRANTY TERMS

KharkovEnergoPribor Ltd. (hereinafter referred to as the “Company”) guarantees that its own-manufactured products (hereinafter referred to as “Products” or, in singular, “Product”) supplied to the Customer/Buyer shall be operational, compliant with stated technical specifications and free from manufacturing defects in material and/or workmanship, which may significantly reduce their usability or value. All warranty claims are limited to a period of 12 (twelve) months from the date of the Product shipment to the Customer/Buyer (hereinafter referred to as the “Warranty Period”), which is confirmed by the corresponding entry in the “Warranty start date” field of a Warranty Card, supplied with the Product. Any warranty claims shall be valid only if, among other conditions, the Customer/Buyer complies with the requirements and recommendations of Product operation, maintenance, storage and transportation which are stated in the relevant operating documentation supplied with the Product.

If within the Warranty Period the Customer/Buyer raises a substantiated claim under warranty in the valid manner, the Company at its own discretion, at no extra charge apart from such discussed in terms of this warranty, and according to the legal requirements shall either:

• repair the Product using new or equivalent to new in performance and reliability parts;
• replace the Product with new one or a product containing remanufactured parts equivalent to new ones in terms of performance and reliability.

Products and components repaired and/or exchanged under warranty, are covered by the terms of this Limited Warranty for the remaining duration of the Warranty Period or for 60 days from the date of the repaired/exchanged Product is shipped to the Customer/Buyer even if this period exceeds the Warranty Period relating to the Product, whichever is longer.

All products and components replaced under warranty obligations become the property of the Company.

All decisions as for the fulfilment of the obligations under warranty are made by the Company exclusively.

The Company reserves exclusive right to make amendments and additions to this Limited Warranty Terms and Conditions as well as change the Warranty Period. This limited warranty is exclusive and exhaustive. The Company does not provide any other warranties, expressive or implied, beyond the scope of the Limited Warranty Terms and Conditions outlined here.

EXCEPTIONS AND LIMITATIONS

The warranty applies only to the Products officially purchased and paid for by the Customer/Buyer in full, having a complete set of original accompanying documents and the duly completed Warranty Card which contains all the necessary stamps and/or seals.

The warranty does not cover maintenance work (both periodic and ad hoc), calibration and adjustment, replacement of consumables and Product setup. It is expected that the Customer/Buyer performs the abovementioned work independently, as appropriate, on a mandatory basis and strictly in accordance to the relevant requirements set out in the user manual supplied with the Product.

As part of carrying out any work under warranty, the Company reserves the right to erase, adjust or update any data stored in the internal memory of Products or on any other media returned to the Company with the Products.

The Company will not be responsible for the loss of any items which were not included in original scope of supply of the Product, but which were returned to the Company with the Product.

Furthermore, this warranty does not cover the following products and components, even if they were supplied to the Customer/Buyer with the Product by the Company:

• any products or software not manufactured by the Company;
• wear parts and standard electrical products (cables of all types, sockets, splitters etc.);
• safety modules including grounding/earthing control units, fuses of all types and other such accessories;
• external power sources, galvanic cells, batteries and accumulators;
• any software, even if it is developed by the Company;
• Products design and/or functionality of which has been modified without the formal written consent from the Company;
• Products with serial number of which is damaged, changed, obliterate, removed or otherwise illegible;
• Products which, according to their technical documentation, applicable legislative acts and/or relevant regulatory requirements, should be commissioned by a certified organization which employs qualified specialist staff, but were in fact commissioned by persons not having necessary qualifications and/or required level of admission;
• Products with broken warranty seals (if applicable).

Additionally, this warranty does not cover the following damages and cases:

• cosmetic damages, including, but not limited to, scratches and dents, as well as damages to plastic parts of the Product;
• defects arising from natural wear and tear and/or aging of the Product;
• any damages to the Product caused by will of the God, emergencies, natural disasters or catastrophes (fire, flood, external events of force majeure, etc.);
• damage caused by improper or incorrect use of the Product, or in violation of the requirements provided in the user manual;
• any damages caused by non-compliance with the operation, maintenance, handling and storage rules as well as violation of the Product commissioning procedure;
• any damages to the Product caused by third-party elements and devices;
• damages arising from maintenance (including software updates and changes) or repairs outside of those described in the applicable user manual, which have been performed by organizations and/or persons other than the Company or its authorized representatives, or without written consent by Company authorising the Customer/Buyer to perform such works.

The Company does not accept any responsibility for losses (actual damage or loss of profit), property damage as well as any other direct or alleged damage which can be caused or alleged to have been caused by failure of the Product and/or its repair or exchange according to this Limited Warranty Terms and Conditions.

MAKING A WARRANTY CLAIM

Before raising a warranty claim, the Customer/Buyer should study the user manual carefully and make sure the Product is in fact faulty and that such fault is covered by this Limited Warranty. If during the technical examination the Company finds that the warranty claim has no ground, the Customer/Buyer may be responsible for reimbursing the Company all expenses related warranty claim consideration.

Warranty claims shall only be considered if the Customer/Buyer acts in accordance with the requirements set forth in the Product’s user manual, meets the terms and conditions of this Limited Warranty and follows the recommendations given by the Company. When raising a claim under warranty, the Customer/Buyer is obliged to inform the Company of the true cause of the Product failure; if the true reason is unknown, the Customer/Buyer must assist the Company's specialists in identifying the causes of the Product failure.

To obtain the warranty, the Customer/Buyer must undertake the following:

• submit a claim to the Company in writing including the model and serial number of the Product as well as the detailed failure description. If necessary, the description can be accompanied with illustrative photo and/or video materials. The claim should to be submitted in one of the following ways:

– a letter addressed to: KharkovEnergoPribor Ltd., 9, Generala Momota Str., Kharkiv, Ukraine, 61075;

– an e-mail to: service@kep.ua;

– a fax to: +38 (057) 393-10-69.

• in coordination with the Company, send the Product for repair or replacement. The product returned to the Company should be completely clean of any type of contamination, in the original packaging and in the complete set, including all accompanying documentation (quality certificates, metrological certificates, etc.) which was included in the Product original scope of supply.

In case the Customer/Buyer violates the abovementioned rules, the Company reserves the right to refuse the warranty claim.

If the warranty claim is for the Products located within the city of Kharkiv (Ukraine), transportation costs associated with providing warranty will be covered by the Company. If the warranty claim is for the Products located outside the city of Kharkiv (Ukraine), the transportation costs associated with returning the Product to the Company for warranty purposes shall be borne by the Customer/Buyer.

Large-sized Products located outside the city of Kharkiv, may be serviced under warranty by the Company technical stuff locally. In this case, however, the Customer/Buyer bears the costs associated with the departure of the Company's specialists for warranty service – cost of economy class tickets for an airplane (over 600 km from Kharkiv) or a train (up to 600 km from Kharkiv) to a destination and back, cost of excess baggage up to 10 kg over that allowed by the ticket, cost of hotel, meals, visa fees and other travel expenses. Payment is made before departure of specialists.

If necessary, repair or diagnostics of the Products under warranty outside the country which they were officially purchased in, the Customer/Buyer should contact the original purchaser (direct contract holder), ensure that all applicable import/export laws are observed and pay all customs duties as well as other fees related to delivering the Product to the site of warranty works and back to the Customer/Buyer.

If it is not possible to carry out the necessary warranty works in the country where the Product is located, the Customer/Buyer bears all transportation and customs clearance costs required to deliver the Product to a suitable place where the warranty works may be carried out, as well as to return it to the Customer/Buyer.

Timelines of warranty repairs are established by the Company in accordance with applicable laws and depending on the type and complexity of the fault.

After the Warranty Period or in void warranty cases, the Company carries out any service, diagnostics, repairs and maintenance of the Products on a paid basis only.

WarrantyTerms.EN.Rev1.4

From 30.08.2019