Unless the context otherwise provides, the following words as used in this statement shall have the following meanings:
- “Seller” or “ZEMECS” shall mean Turera Teknolojik Ürünler A.Ş. or its subsidiary in the Seller’s country.
- “Buyer” shall mean the individual or entity identified on the applicable purchase order, supply agreement, Seller’s quotation, order acknowledgement, or confirmation.
- “Product(s)” shall mean the Products defined in Exhibit A.
- “Warranty Period” shall mean one (1) year from the date of original shipment from the Seller’s facility, unless a different period is specified in Exhibit A.
- Provided that the Products are used in accordance with their intended purpose, ZEMECS grants the Buyer a Manufacturer’s Limited Warranty (“Warranty”) as set forth in Exhibit A.
- This Warranty covers defects in materials or workmanship arising under proper and normal use of the Products.
- This Warranty applies solely to the Products and does not extend to any other goods, materials, parts, components of a system, or any system as a whole.
- This Warranty does not cover ordinary wear and tear resulting from normal use.
- ZEMECS does not warrant products manufactured by third parties. However, to the extent permitted by the applicable manufacturer, ZEMECS shall assign any available third-party warranties to the Buyer.
The warranties and remedies set forth herein are contingent upon the proper receipt, handling, storage, installation, and use of the Products. The Products are intended exclusively for indoor applications, except for products specifically designated for outdoor use.
This Warranty does not:
- Apply to any Product that has been installed, altered, repaired, or misused in a manner that, in the opinion of ZEMECS, affects reliability or reduces performance.
- Apply to any Product that has been used with equipment not previously approved by ZEMECS.
- Apply to any Product or component whose serial number has been altered, defaced, or removed.
- Cover replacement or repair resulting from causes beyond the control of ZEMECS, including lightning, natural disasters, severe weather conditions, or wartime environments.
- Cover labour costs associated with on-site removal, reinstallation, inspection, diagnosis, repair, or replacement of Products.
- Apply to any Product that has not been properly inspected, maintained, or operated under suitable environmental conditions.
- Cover consumables supplied with the Product or any materials supplied by third parties.
The Buyer may not claim Warranty in the following circumstances:
- Acceptance of a damaged consignment without proper notification.
- Expiration of the applicable Warranty Period.
- Defects caused by normal wear and tear, accident, negligence, alteration, abuse, misuse, defective installation, improper storage, improper transportation, or exposure to conditions outside normal temperature and humidity ranges.
- Direct or indirect exposure to aggressive chemicals, corrosive substances, or excessive vibration.
- Use of the Products in inappropriate applications or unsuitable premises.
- Failure to follow instructions provided by ZEMECS or the manufacturer.
- Defects resulting from unskilled installation, operation, handling, maintenance, treatment, or negligence.
- Damage caused by acts of nature or force majeure events.
- If Buyer claims that a Product is defective in materials or workmanship, Seller shall have the right to either examine the Product at its installed location or, at its sole discretion, issue shipping instructions for the return of the Product.
- ZEMECS’s inspection of a Product in response to a Warranty claim shall not constitute acceptance or acknowledgment of the validity of such claim. The Buyer shall prepay all transportation charges associated with the return.
- ZEMECS’s sole and exclusive obligation, and the Buyer’s exclusive remedy under this Warranty, shall be the repair or replacement of a defective ZEMECS Product. The choice of remedy shall be at the sole discretion of ZEMECS.
- For defective firmware incorporated into a ZEMECS Product, ZEMECS shall provide updated firmware only. Installation of such firmware shall be the sole responsibility of the Buyer.
- On-site warranty services requested by the Buyer are not included under this Warranty and shall be provided at the Buyer’s sole expense unless expressly authorized in writing by ZEMECS.
- ZEMECS may inspect the Product at its installed location or, at its sole discretion, require its return. Where applicable, the Buyer shall return the defective Product, part, or component prepaid and accompanied by a valid Return Material Authorization (RMA). If ZEMECS confirms that the defect is covered under this Warranty, the repaired or replacement Product shall remain covered for the remainder of the original Warranty Period or for ninety (90) days from the date of shipment to the Buyer, whichever period is longer. ZEMECS may require proof of purchase to validate Warranty coverage.
- ZEMECS makes no warranties, whether express or implied, regarding the suitability of its Products for a particular purpose or their merchantability, except that the Products shall conform to the specifications published in the applicable Product documentation.
- The total amount of any claim, whether arising from delivery, non-delivery, defect, or otherwise, shall not exceed the purchase price of the Product giving rise to the claim. Neither ZEMECS nor the Buyer shall be liable for any loss of profits or incidental or consequential damages.
- Under no circumstances shall ZEMECS be liable for any indirect, special, incidental, punitive, or consequential damages, including but not limited to loss of use, loss of data, loss of revenue, loss of profits, or third-party claims. The Buyer agrees to indemnify and hold ZEMECS harmless from any liability arising from such claims. ZEMECS’s total liability shall be limited to proven direct damages and shall not exceed the purchase price of the Product concerned.
- These Warranty Terms shall be governed exclusively by the laws of the Republic of Türkiye, excluding conflict of law principles and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any dispute arising from or relating to this Warranty shall be subject to the exclusive jurisdiction of the competent courts of the Republic of Türkiye.
ZEMECS warrants that the Products identified below shall be free from defects in material and workmanship arising under proper and normal use for the following Warranty periods:
PRODUCT GROUP | WARRANTY PERIOD* |
|---|---|
Tiwsted Pair Cabling, LAN Cables | 2(two) years |
Twisted Pair Cabling, LAN Cabling Termination Products And Accessories (Keystone Jacks, Plugs, Connectors, Patch Cords, Tools) | 2(two) years |
Fiber Optic Cabling, F/O Cables, FTTX Cables | 2(two) years |
Fiber Optic Cabling, F/O Cables, SJSA Cables | 3(three) years |
Fiber Optic Cabling, F/O Cables, Other Cables | 3(three) years |
Fiber Optic Cabling, Pigtails-Patch Cords-Couplers | 2(two) years |
Fiber Optic Cabling, Closures | 2(two) years |
Fiber Optic Cabling, Other (Made Of Plastic and/or Metal) | 3(three) years |
19″ Indoor Racks, All Types | 3(three) years |
19″ Outdoor Racks, All Types | 3(three) years |
19″ Rack Accessories, Cooling Modules | 2(two) years |
19″ Rack Accessories, Others (non-powered items) | 3(three) years |
Power Distribution Units, 19″ Horizontal Types | 2(two) years |
Power Distribution Units, Vertical Types | 2(two) years |
Socket Blocks, All Types | 2(two) years |
Aluminum Cable Trunkings, Floor Type &Accessories | 2(two) years |
Aluminum Cable Trunkings, Round Type &Accessories | 2(two) years |
* Starts from date of shipment from Seller’s facility
Effective Date: 14.03.2022
Doc. Nr.: LD-LPW-01