This warranty applies to the corresponding products sold under the SIMU trademark by SOMFY Hellas S.A. in accordance with these General Terms and Conditions.

 

SOMFY Hellas S.A. guarantees that the products are free from defects in materials, design and workmanship. In the event of defective products relating to materials, design and workmanship, SOMFY Hellas S.A. will arrange for their replacement or repair. In the event of replacement or repair of products under warranty, the warranty period of the new or repaired products expires on the expiry date of the original product. The warranty period varies per product and is as follows:

Standard warranty 5 years for tubular motors, CENTRIS type central motors & their accessories.

Limited warranty 3 years for BOX type motors, and their accessories.

Minimum legal warranty 2 years for manual components and safety brakes.

If the returned products are under warranty, and after inspection by SOMFY Hellas S.A. they are found to be defective, the latter will arrange for their replacement or free repair. The shipping costs of replacement or repaired products under warranty are borne by SOMFY Hellas S.A. Upon completion of the inspection, SOMFY Hellas S.A. informs the customer in writing about the condition of the product and the potential repair or management costs. In the event of special shipping, the shipping costs will be borne by the customer.

 

The warranty does not cover technical installation and uninstallation services of the products. Furthermore, the warranty does not include the costs and expenses due to the replacement of the materials used and their possible wear and tear, during the uninstallation and reinstallation of the product, whether proven defective or not, but remain the responsibility of the customer. Similarly, the costs and expenses incurred during their regular maintenance are not covered by the warranty, but remain the responsibility of the customer.

 

This guarantee excludes SOMFY Hellas S.A. from any liability in relation to the supplied products. Consequently, SOMFY Hellas S.A. is not liable in relation to costs, accidents, losses and/or direct or indirect damages caused to the customer and third parties by the selection, installation and use of the products. SOMFY Hellas S.A. is liable only for intent or gross negligence on the part of itself or its legal representatives, any other contractual or extra-contractual liability for any reason whatsoever being expressly excluded, unless arising from a mandatory provision of law. The customer is solely responsible for determining the suitability of SOMFY products for their intended use and bears the risk and responsibility of the selection of products and their suitability in each case, and is also responsible for correctly informing its customers.

The warranty does not apply in the following cases:

• Use of the product in combination with unsuitable products and/or accessories.
• Incorrect installation, use, and maintenance due to negligence and omission of the customer.
• Defects due to causes of force majeure, such as natural phenomena and unforeseen events.
• Implementation of modifications and/or disassembly of the product, without the official and express permission of SOMFY Hellas S.A.
• Non-compliance with the instructions for the use of software applications that are not included in the product and that handle its operation.
• Selection, installation, and use of the product in disagreement with the instructions appearing in the technical documents and the use and maintenance manuals provided supplied with the product.

In addition to the obligations of SOMFY HELLAS S.A. referred to in these general warranty conditions, SOMFY HELLAS S.A. does not provide any other warranty and does not assume any liability, arising from law, contract or any other cause regarding SOMFY products, subject only to cases where it is mandatory imposed by mandatory provisions of Greek legislation. Thus, any liability is excluded for any direct or indirect, positive or negative loss, damage or cost suffered by the buyer, a third party or the buyer’s property, based on a legal or real defect or on the inconsistency with the agreed properties or characteristics of the products or on any other point not expressly mentioned herein. The buyer hereby expressly declares that he has taken note of and accepts the terms hereof and expressly and unconditionally waives any relevant right of claim or remedy against SOMFY HELLAS S.A., except for those indicated by the general terms and conditions of this guarantee.

 

This Agreement is governed exclusively by Greek law. For any dispute arising from this Agreement or from agreements related to it, the exclusive jurisdiction is agreed upon, with regard to disputes that fall within the substantive jurisdiction of the Court of Justice, the Court of Justice of Nice and in any other case the substantive courts of Piraeus.

 

This warranty is governed by the laws and regulations applicable in Greece and the EU.