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ACTION S.A. GENERAL WARRANTY TERMS AND WARRANTY CLAIM PROCEDURE

§1 WARRANTY

1. Whereas the products purchased by the Buyer are intended for further resale, the Parties hereby exclude the Supplier's warranty liability for defects of the products (as per Article 558 §1 of the Polish Civil Code, "PCC"), except for the products which are subject to a separate warranty granted by Action S.A.

2. The categories of products to which the warranty of freedom from physical defects applies, the warranty period and the scope of warranty rights shall be specified on a case by case basis in the following documents: ACTION WAREHOUSE ISSUE (Polish: WYDANIE Z MAGAZYNU ACTION) and ACTION SERVICE ISSUE (WYDANIE Z SERWISU ACTION) and shall be marked with symbol (R).

3. The warranty of freedom from physical defects shall entitle the buyer exclusively to requesting a replacement of the defective items with items free from defects. Any remaining rights arising from the laws on warranty of freedom from physical defects shall hereby be excluded, pursuant to the provisions of Article 558 §1 PCC.

§2 MANUFACTURER’S WARRANTY.

1. The products covered with the manufacturer’s warranty are marked as such in Action S.A.'s current price list and shall be serviced by authorised service centres on the terms specified by the manufacturer (factory) as stated in the warranty card. Such products are marked with symbol (F).

§3 ACTION S.A. WARRANTY PERIOD.

1. The quality warranty granted by Action S.A. shall remain valid for one (1) year from the date of issue of the product.

2. The warranty period applicable to the specific product is stated on the respective ACTION WAREHOUSE ISSUE/ACTION SERVICE ISSUE document and is marked with symbol (G) or stated in the Action S.A. Warranty Card.

3. Lifetime Warranty (W). Action Lifetime Warranty ends (expires) one year after the manufacturer (factory) of the specific product has discontinued its manufacturing.

§4 WARRANTY CLAIMS PROCEDURE. SERVICE TERMS.

1. In order for any products to be accepted by Action S.A.'s RETURNS DEPARTMENT SERVICE or the PACKAGE DEPARTMENT SERVICE, the computer components that are subject of the claim must be reported online using the e-SERWIS application and each of them must subsequently receive an individual RMA ID from Action S.A.. (In order to be able to log in to e-SERWIS, report a warranty claim or receive the RMA ID, the Buyer must first enter an applicable contract with Action S.A. For the terms of customer registration with Action S.A. please visit e-service.action.pl.)
Requests for contracts should be directed to Action S.A. at its head office address:
Zamienie ul. Dawidowska 10
05-500 Piaseczno, Poland
Please add an "e-SERWIS" annotation on the envelope.

2. The DESKTOP AND NOTEBOOK PC SERVICE Department shall process and bill warranty claims pursuant to the terms of the Warranty Card included with the product.

3. The DESKTOP AND NOTEBOOK PC SERVICE Department shall process and bill warranty claims pursuant to the terms of the Warranty Card included with the product.

4. In order to return a computer set (a complete PC system) or a laptop with Action S.A. Warranty Cards enclosed, please deliver it to the DESKTOP AND NOTEBOOK SERVICE Department, with the following note on their packaging: “SERWIS KOMPUTERÓW I NOTEBOOKÓW”.

5. Products that are not complete products (i.e. computer components) may be returned by the Buyer in person to the RETURNS DEPARTMENT SERVICE of Action S.A. and must include a printed registration form that states their assigned RMA ID included. They may also be returned by courier service, in which case they should be clearly labelled with the following note: “SERWIS ACTION DZIA� PACZEK” and with their RMA ID, which should be stated on the packaging in a clearly visible place. Only the parcels labelled that way shall be accepted from the courier and absence of such labelling shall cause them to be rejected as groundless warranty claims.

6. In order to be accepted by the RETURNS DEPARTMENT SERVICE or PACKAGE DEPARTMENT SERVICE or DESKTOP AND NOTEBOOK DEPARTMENT SERVICE of Action S.A, the products must be labelled and delivered as set forth in section §4 clauses 2, 3, 4 and 5 and must meet the following conditions:

6.1. The product returned must be complete and must be returned in the original packaging, i.e. with the same accessories and in the same configuration as upon its purchase by the Buyer.

6.2. The product returned must be accompanied with a copy of the purchase invoice, a correctly completed Action S.A. Warranty Card (stating the date of issue of the products, Action’s authorised signature and stamp) and a detailed description of the defect (or a completed warranty claim form).

6.3. If the product returned does not have an Action S.A. Warranty Card:
a) it must have intact warranty stickers (the silver and the colour-coded one), or
b) be returned together with a legible ACTION WAREHOUSE ISSUE or ACTION SERVICE ISSUE document signed and stamped by Action S.A.

6.4. Each package of products returned are delivered to the DESKTOP AND NOTEBOOK SERVICE or to the PACKAGE DEPARTMENT SERVICE by means of a courier service must be accompanied with a single page specification that must include the following details:
- name of the product,
- serial number (if the product is individually identifiable),
- list of accessories included,
- quantity of products included in the packaging,
- a detailed description of the defect.

6.5. Removal of stickers, tapes or labels applied to the product by the Buyer.

7. If the product returned is delivered by the Buyer in person, its accepting by Action S.A.’s RETURNS DEPARTMENT SERVICE or DESKTOP AND NOTEBOOK SERVICE shall be confirmed to the Buyer by means of an Action S.A. SERVICE RECEIPT document.

8. The Action S.A. Service Department hereby reserves that:

8.1. No duplicates of the ACTION SERVICE RECEIPT or ACTION SERVICE RELEASE documents shall be issued.

8.2. Action S.A. shall not be held responsible for any consequences of loss of the ACTION SERVICE RECEIPT or the ACTION SERVICE RELEASE documents.


9. If the product returned is delivered by a courier service, accepting it by the PACKAGE DEPARTMENT SERVICE or by the DESKTOP AND NOTEBOOK SERVICE shall be confirmed with an authorised signature and a corporate personal stamp placed on the waybill by an employee of the respective Service unit of Action S.A.

9.1. Action S.A. also reserves the right to withdraw the product from servicing and send it back to the Buyer at the expense of the latter if the Buyer has failed to comply with the terms and conditions listed in section §4 in clauses 1.; 2.; 3.; 4.; 5.; 6.; 6,1.; 6,2.; 6,3.; 6,4.; 6.5. or if the condition of the item returned is not consistent with the documents attached to it.

9.2. In circumstances specified in clause 9.1 above, the product should be withdrawn from servicing or the inconsistencies identified should be clarified within two business days from the date of signing and stamping the waybill by an employee of the Action S.A. Service Department.

9.3. The same period of two business days shall also be allowed for the Buyer to raise their reservations as to the condition of the product returned to them by the Action S.A. Service Department (i.e. its quality, operability, equipment or accompanying accessories etc.). The two-day period shall run from the date of receipt of the products (the date of signing the waybill by the Buyer to confirm the receipt of the product).

9.4. Failure to raise such reservations as specified in clauses 9.1 and 9.2 shall mean accepting the condition of the package by Action S.A. and expiry of the rights referred to in 9.1.

9.5. Failure to raise reservations by the Buyer as specified in clause 9.3 shall mean that the Buyer has accepted the condition of the product returned to them by the Action S.A. Service Department.


10. Servicing time limits:

10.1. Action S.A.’s SERVICE unit shall repair the product submitted under a warranty claim (subject to clause 10.1.A) within 5 business days from the date of its accepting by the RETURNS DEPARTMENT SERVICE or the PACKAGE DEPARTMENT SERVICE. The decision on assigning the RMA ID shall be made within 2 business days from the date on which the warranty claim is registered.

10.1.A. FOR MOTHERBOARDS AND GRAPHICS ADAPTERS, THE TIME FRAMES REFERRED TO IN SENTENCE 1 OF CLAUSE 10.1 SHALL BE 14 BUSINESS DAYS.

10.2. The DESKTOP AND NOTEBOOK SERVICE Department of Action S.A. shall repair the products submitted to it under warranty claims within the time limit specified in the Warranty Card.

10.3. If a product has been accepted conditionally, the time of repair may be extended up to 3 months.

10.4. The time frames specified in section §4 clauses 10.1, 10.1.A, 10.2 and 10.3 shall not apply if the party is found to have been in default on payment of their liabilities towards Action S.A. for more than 7 days. In such a case, the run of the time limits applicable to resolution of faults or defects of products specified in section §4 clauses 10.1, 10.2 and 10.3 shall be suspended until the date on which the full amount of debt has been settled by the customer, and such time limits shall no longer be binding for Action S.A. The Buyer agrees that Action S.A. may retain the product accepted for service repair as deposit.

10.5. For the claims submitted to the RETURNS DEPARTMENT SERVICE of Action S.A., the start date of the claim processing period shall run from the date of delivery of the required documents, equipment etc. by the Buyer as specified in section §4. If the product returned is delivered to the Service Department by the Buyer in person, the time limits set forth for the service settlements referred to in section §4 in clauses 10.1, 10.2 and 10.3 shall run from the date of accepting it by the RETURNS DEPARTMENT SERVICE of Action S.A. and the issuing of the service receipt to the date of completion of repair by the RETURNS DEPARTMENT SERVICE of Action S.A. If the product has been delivered by a courier service, the claim processing time limit shall run from the date of receipt of the product by an employee of the Action S.A. PACKAGE DEPARTMENT SERVICE and its date of completion shall be the date of dispatching the products and their transfer to the courier service.

10.6. For claims submitted to the DESKTOP AND NOTEBOOK SERVICE of Action S.A., the claim processing period shall run from the date of delivery of the required documents, equipment etc. by the Buyer as specified in section §4. If the product is returned by the Buyer in person, the time limits set forth for the service settlements referred to in section §4 in clauses 10.1, 10.1.A, 10.2 and 10.3 shall run from the date of accepting the products by Action S.A.’s DESKTOP AND NOTEBOOK SERVICE and the issuing of the service receipt to the date of completion of repair by Action S.A.'s DESKTOP AND NOTEBOOK SERVICE. If the product returned is delivered by means of a courier service, the claim processing time shall run from the date of its receipt by an employee of Action S.A.’s DESKTOP AND NOTEBOOK SERVICE and its date of completion shall be the date of dispatching of the product and its transfer to the courier service.)


11. Service issue procedure:

11.1. If the products are delivered to the RETURNS DEPARTMENT SERVICE or to the DESKTOP AND NOTEBOOK PC SERVICE Department of Action S.A. by the Buyer in person, the Buyer shall present the original SERVICE RECEIPT.

11.2. Otherwise the products accepted by the Action S.A. Service Department shall be sent to the address of the Buyer by means of a courier service (forwarder) at the expense of Action S.A.

11.3. Prior to accepting the package, the Buyer should at all times check the condition of the external packaging in the presence of the courier and inspect the integrity of the securing tape marked with the Action S.A. logotype as well as the quantity of packages, verifying it against their number stated in the waybill.

11.4. Should the shipment be found incomplete (inconsistency between the quantity of packages delivered and their quantity stated in the waybill) or should the security packaging components be found to be damaged (i.e. Action S.A. securing tape, product manufacturer’s securing tape, package material damage such as denting, tearing, soaking with water, etc.) or the weight of the package be found different from the weight stated in the waybill, the Buyer should issue a damage statement in the presence of the courier.

11.5. Each package found to have been damaged in transport should be sent back via the same courier upon first contacting the assigned salesperson or warehouse manager, or reported to reklamacje.magazynowe@action.pl (or by telephone: +48 22 332 15 21 ext. 1231, 1455) if the products shipped had been sold. For all service settlements, an employee of the PACKAGE DEPARTMENT SERVICE (telephone +48 22 332 16 75 ext. 2) or of the DESKTOP AND NOTEBOOK SERVICE (telephone +48 22 332 16 75 ext. 3) should be notified. The damaged package to be returned should be labelled clearly with a note "USZKODZONA W TRANSPORCIE” ("DAMAGED IN TRANSPORT") and with the surname of the Action S.A. employee with whom the specific return has been agreed, and should be returned along with a shipping damage statement drawn up and signed both by the courier and the Buyer.


12. The Buyer’s warranty rights are specified in the product’s warranty card. If the product is not sold with a warranty card but is subject to ACTION S.A. Warranty (as per section §3), the issuer of the warranty shall be obliged to replace the defective product with a brand new one or with one of comparable or better technical parameters that shall be free from any defects, manufactured by the same or a different manufacturer, the choice between the two options to be made at ACTION's exclusive discretion. If:

12.1. Action S.A.’s SERVICE DEPARTMENT performs three general warranty repairs under the ACTION S.A. Warranty and in spite of that the product still fails to meet its functional purpose or does not allow being used for its intended applications,

12.2. or Action S.A.’s SERVICE DEPARTMENT has decided that repairing the product under the warranty provisions is not feasible or that it is impossible to meet the time limits set in section §4 clauses 10.1, 10.1.A, 10.2 or 10.3, subject to the provisions of section §4 clause 10.4,
the warranty holder shall be entitled to have the defective product replaced with a brand new one or with one of comparable or better technical parameters, free from any defects, manufactured by the same or a different manufacturer, or if it is not possible, to receive a corrective invoice covering that product.

12.3. Under the rights referred to in section §4 in sections 12.1 and 12.2, if the product is not available at the service warehouse, upon approval by the TRANSFERS AND CORRECTIONS Department, the Service Department of Action S.A. shall issue an ACTION INTERWAREHOUSE TRANSFER document, which shall authorise the Buyer to receive the brand new product or a corrective invoice while retaining the warranty rights under the warranty claims procedure in force at Action S.A.

12.4. The Buyer who has received an Action S.A. MM TRANSFER document and fails to use that MM document within 3 days in the TRANSFERS AND CORRECTIONS Department shall be charged with a storage fee of 10 per cent of the value of the product for each day of delay.

12.5. If the products have been delivered by the Buyer in person (and a service receipt was issued by Action S.A.), the warranty shall be prolonged by the time of storage of the product at the RETURNS DEPARTMENT SERVICE or the DESKTOP AND NOTEBOOK SERVICE Department of Action S.A. and shall run from the date of its receipt by those service units to the date of their completion of its repair.

12.6. If the product is returned by means of a courier service, its warranty period shall be extended and shall run from the date of its receipt by Action S.A.’s PACKAGE DEPARTMENT SERVICE or DESKTOP AND NOTEBOOK SERVICE to the date of its issue (dispatch) by those service units of Action S.A. to the courier service.

12.7. The Action S.A. service receipt confirmation shall expire as soon as a corrective invoice is issued that covers the product for which the warranty claim had been issued.

§5 LOSS OF WARRANTY.

1. The warranty shall become null and void upon discovery of any of the following circumstances:

1.1. any of the warranty seals applied by Action S.A. or by the manufacturer have been damaged or broken,

1.2. repairs have been performed by unauthorised parties,

1.3. serial numbers or bar codes have been destroyed or damaged,

1.4. the product sustained mechanical, chemical or thermal damage or has been purposefully damaged, which caused the defects listed in clause 1.3. serial numbers or bar codes on the product have been destroyed or damaged,

1.5. damage was caused by use, installation, storage, maintenance or adjustment of the product that was improper or non-compliant with the content of the product’s user manual,

1.6. damage of the product resulted from the use of non-genuine or unauthorised consumables,

1.7. the Warranty Card, the WAREHOUSE ISSUE document, the SERVICE ISSUE document or the invoice of purchase issued by Action is illegible.

§6 WARRANTY EXCLUSIONS.

1. The warranty shall not cover:

1.1. any media on which software is provided,

1.2. Action S.A.'s liability connected with the presence of any data left by the Buyer on the hard drives or any other media submitted to the Action S.A. Service Department,

1.3. the products whose only flaw is their incompatibility,

1.4. defects or damage of the products caused by a force majeure (fire, lightning, flood, incorrect power supply voltage, voltage surge, etc.).

1.5. fuses, bulbs, rechargeable or non-rechargeable batteries, consumables.

§7 FINAL PROVISIONS.

1. Action S.A. does not issue duplicates of warranty cards originally issued by product manufacturers, ACTION Warranty Cards or ACTION WAREHOUSE ISSUE or INTERWAREHOUSE TRANSFER documents and shall not be liable for any consequences of their loss.

2. Documents: ACTION WAREHOUSE ISSUE, ACTION SERVICE ISSUE, ACTION INTERWAREHOUSE TRANSFER and ACTION SERVICE RECEIPT CONFIRMATION may exclusively be issued to the Buyer and must apply to a specific item of the purchase invoice issued by Action S.A. under a specific serial number. Those documents are non-transferable. The Service Department of Action S.A. shall not be obliged to cure any defects of the products returned if the documents referred to above are presented to the Action Service Department by any person other than the Buyer.

3. The costs of repairs which are not covered by the warranty as well as the costs of a diagnostic check in case no reported defects are found shall be charged to the Buyer.

4. Action S.A. shall not be held responsible for any damages or losses caused by the impossibility to use the hardware while it is being repaired.

5. While collecting the products, it is the Buyer's responsibility to check if the Buyer has received the ACTION Warranty Card, the warranty card issued by the manufacturer of the products, the ACTION WAREHOUSE ISSUE document, the ACTION SERVICE ISSUE document and if appropriate ACTION warranty stickers have been placed on the product.

6. Any issues not resolved by those terms are subject to the regulations of the Polish Civil Code.

Miscellaneous.
For enquiries on matters related to servicing, please contact
Service Department Office by telephone: +48 22 332 16 75 ext. 8, fax. ext. 9 or
by email: serwis.zamienie@action.pl
THESE GENERAL TERMS OF WARRANTY LIABILITY OF ACTION S.A. AND THE WARRANTY CLAIM PROCEDURE WERE PASSED BY MEANS OF A RESOLUTION AND IMPLEMENTED BY MEANS OF A DECISION OF THE BOARD OF DIRECTORS OF ACTION S.A. ON 14 OCTOBER 2004 AND INCLUDE THE REVISIONS PASSED BY RESOLUTION OF THE BOARD ON 20 OCTOBER 2008.

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