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WARRANTY DOCUMENT
1. HMS Industrial Networks, S.L.U. (hereinafter “HMS Networks”), in its capacity as
manufacturer, hereby informs you of the rights which Royal Legislative Decree 1/2007,
of November 16, approving the revised General Consumer and User Protection Law and
the rest of the legislation applicable confers on you in your capacity as consumer in the
event of nonconformity of the device AC Cloud Control (hereinafter the “Device”).
2. HMS Networks warrants to you that for three (3) years from the delivery of the Device
it shall be liable, under the terms and conditions established in this document, for the
nonconformity of the Device, provided that such nonconformity is due to a manufacturing
defect which prevents the use of the Device in the ordinary manner or with its usual
levels of quality and performance. In this respect, it shall be presumed that the
nonconformities which are revealed within six (6) months from the delivery of the Device
already existed when the Device was delivered, unless this presumption is incompatible
with the alleged nonconformity.
3. If a legitimate nonconformity of the Device in accordance with the previous paragraph
is shown, you may choose free of charge between the repair and the replacement
of the Device, provided that the option which you choose is objectively possible and
proportionate.
4. If you have opted for the repair of the Device but when such repair has been performed
and the Device has been delivered, it still contains the manufacturing defect which gave
rise to the nonconformity, you may request the replacement of the Device by another
of the same kind, unless such replacement is disproportionate in relation to the defect.
5. If you opt for the repair or the replacement of the Device, the calculation of the
warranty period provided in section 2 of this document shall be suspended from the time
you deliver the nonconforming Device until the repaired or replaced Device is delivered
to you, the remaining warranty period resuming from that time onwards. HMS Networks
shall also be liable for the manufacturing defects which caused the repair for six (6)
months from such repair.
6. If repair or replacement is not possible or has not been carried out by HMS Networks,
you may request the reduction of the price or even the return of the Device with a
refund of the price paid. However, you may not return the Device demanding payment
of the price paid if the manufacturing defect giving rise to the nonconformity is of little
importance.
7. The warranty of the Device does not cover any defect, irregularity, malfunctioning or
reduction of the quality or the performance caused by:
(i) Any defect or malfunctioning of the air-conditioning equipment in which the Device
is installed.
(ii) Defective or incorrect installation of the Device by the technician that you may hire in
order to perform such installation or by any other third party.
(iii) Any handling by you of the Device, as well as any incorrect use which you may make
of the Device, including cases of dismantling or opening of the Device and the addition of
parts or additional accessories both to the Device and to the air-conditioning equipment
in which it is installed.
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