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Version 1.0 · Last updated: 12 September 2026

This policy describes what to do if goods bought from ElectroQuell are faulty, damaged or not as described. It has three parts: your statutory rights as a consumer (Part A), our commercial warranty, which applies to all customers (Part B), and the rules for business customers (Part C). It forms part of our Terms and Conditions of Sale.

Part A. Statutory rights of consumers: non-conformity with the contract

This Part applies to Consumers and to Sole Traders treated as Consumers (see the Terms and Conditions of Sale, section 2). It reflects Chapter 5a of the Polish Act on Consumer Rights, which implements Directive (EU) 2019/771.

A1. What we are responsible for

We are liable if the goods are not in conformity with the contract at the time of delivery. Goods conform when they match the description, type, quantity and quality agreed, are fit for the purpose you informed us of and we accepted, and have the qualities, durability, safety and accessories a customer can reasonably expect of goods of that type, taking into account our public statements and the technical documentation supplied.

We are liable for any lack of conformity that becomes apparent within 2 years from delivery. A lack of conformity that becomes apparent within 2 years from delivery is presumed to have existed at the time of delivery, unless the contrary is proven or the presumption is incompatible with the nature of the goods or of the defect. Normal wear of consumables (filters, belts, batteries, fluids) and the effects of operation contrary to the manual are not a lack of conformity.

We are not liable for a lack of conformity that we specifically informed you about before the contract was concluded and that you expressly and separately accepted (for example a clearly described cosmetic flaw on a demonstrator set).

A2. Your remedies

1. Repair or replacement. You may first ask us to repair or replace the goods. We may choose the other remedy if the one you chose is impossible or would involve excessive cost for us compared with the alternative. We carry out repair or replacement within a reasonable time from when you informed us and without significant inconvenience to you, at our expense, including collection, transport, labour and materials.
2. Price reduction or withdrawal from the contract. You may ask for a proportionate price reduction, or withdraw from the contract, if: we refused to repair or replace; we did not repair or replace within a reasonable time or without significant inconvenience; the lack of conformity persists despite our attempt to remedy it; the lack of conformity is so serious that it justifies an immediate price reduction or withdrawal; or it is clear from our statement or the circumstances that we will not remedy it in a reasonable time. You cannot withdraw if the lack of conformity is minor; the burden of proving that it is minor is on us.
3. Refund on withdrawal. If you withdraw, return the goods to us at our expense and we refund the price without delay and no later than 14 days after receiving the goods or proof that you sent them back.

A3. How to make a complaint

Send your complaint to info@electroquell.de or to our postal address, ideally with: your name and contact details, the order or invoice number, the serial number of the set (on the rating plate), a description of the fault including when it occurs and what the controller displays (alarm codes, running hours), photographs or a short video, and the remedy you are asking for. You may use the complaint form in Annex 1. Please keep using the set only as far as it is safe to do so and follow any instruction we give to prevent further damage.

We confirm receipt and respond to your complaint within 14 days. If we do not respond within 14 days, the complaint is deemed accepted. Where a technician visit or a return to our workshop is needed, we arrange and pay for it. Diagnostic work carried out on a justified complaint is free of charge.

A4. Help and disputes

If you disagree with our decision, you may use the out-of-court dispute resolution options listed in section 13 of the Terms and Conditions of Sale (Trade Inspection mediation, consumer arbitration courts, consumer ombudsmen, ECC-Net for cross-border cases) or bring the matter before a court.

Part B. Commercial warranty (all customers)

The commercial warranty is a voluntary undertaking by Wensday Invest Sp. z o.o. (trading as ElectroQuell), as guarantor, within the meaning of Article 577 of the Polish Civil Code. For Consumers it applies in addition to, and does not limit, the statutory rights described in Part A. Warranty terms provided in the product documentation and the quotation may extend, but not narrow, this policy.

B1. Period and scope

B2. What the warranty covers

During the warranty period we repair, or at our option replace, any part that fails due to a defect in materials, workmanship or assembly under normal use in accordance with the operating manual. Repairs are carried out at our workshop or, for sets that cannot reasonably be transported, by our service technician on site in Poland, Germany, Austria and neighbouring countries; for other locations, or beyond 200 km from our nearest service base, the customer bears the technician's travel costs unless otherwise agreed. Parts replaced under warranty become our property. Warranty work does not extend the original warranty period, except that the replaced part is warranted for the remainder of the period or 6 months, whichever is longer.

B3. Conditions

• The set is installed, earthed, connected, ventilated and fuelled in accordance with our operating and installation manual and applicable regulations. Commissioning by us is not required to keep the warranty when the customer installs the set correctly; commissioning by us is available as an optional service.
• Scheduled maintenance is carried out at the intervals stated in the manual (oil and filter changes, coolant, belts, battery checks) using fuels, oils and coolants of the specified grade, and is recorded in the service log. Maintenance may be performed by the customer or any competent workshop; genuine or equivalent-quality parts must be used.
• The fault is reported to us promptly after discovery and the set is not operated further if this could aggravate the damage.
• The serial number and rating plate are intact and the set has not been modified, and the controller settings and protections have not been changed or bypassed without our written agreement.

B4. What is not covered

• Normal wear and tear, consumables and adjustments; cosmetic damage that does not affect function.
• Damage caused by incorrect installation, connection or earthing by others; overloading; operation outside the rated conditions (load, ambient temperature, altitude, duty); wet stacking from prolonged operation at very low load; use of unsuitable, contaminated or degraded fuel (including diesel with excessive bio-content or water) or wrong oil or coolant; lack of or incorrect maintenance; freezing; ingress of water, dust or foreign bodies; rodents or pests.
• Damage from external causes: transport after delivery, accidents, fire, flood, lightning, grid faults, vandalism, force majeure.
• Repairs, modifications or use of non-approved parts by unauthorised persons; changes to controller software or protection settings.
• Faults reported after the warranty period or after the hour limit is exceeded, or in sets whose hour counter has been tampered with.
• Indirect losses such as loss of production, cost of substitute power, travel of third parties, or downtime, to the extent permitted by law (this exclusion does not affect Consumers' statutory rights).

B5. How to claim under the warranty

1. Contact us at info@electroquell.de or +49 176 82370794 with the serial number, running hours, a description of the fault and any alarm codes shown on the controller, plus photographs or video where possible.
2. Our service team performs remote diagnosis first; many controller and sensor issues can be resolved this way.
3. If a repair is needed we agree a site visit or a return to our workshop and arrange transport where the set is returned to us. Please drain fuel and disconnect the battery for transport as instructed.
4. We inspect the set and confirm within 14 days whether the fault is covered. If it is not covered, we send a quotation for a chargeable repair before doing any work; inspection and transport costs for unjustified claims may be charged at our published rates for Business Customers.

Part C. Business customers

For Business Customers, our statutory liability for defects (rękojmia) under the Civil Code is excluded in accordance with Article 558(1) of the Civil Code and the Terms and Conditions of Sale. The commercial warranty in Part B is the Business Customer's sole remedy for defects in the goods, except in cases of wilful misconduct. Business Customers must inspect the goods on delivery and notify visible defects and shortages within 3 Working Days and hidden defects promptly after discovery. Our liability for indirect and consequential loss is limited as set out in section 14 of the Terms and Conditions of Sale.

Contact

Service and complaints: info@electroquell.de · +49 176 82370794 · Monday to Friday, 08:00 to 16:00 CET. Goods for warranty repair are sent to the return or service address we confirm to you in writing when you notify us (goods must not be sent to the registered office).

Annex 1. Complaint / warranty claim form