Limited Warranty for Messana PEX-a Pipe
Last updated: July 12, 2022
The Messana PEX-a pipe is an OEM product manufactured by AURAY MANAGING, S.L. – Carrer Mercaders 4 – P.I. Riera de Caldes – 08184 Palau Solità i Plegamans (Barcelona) – Spain (hereafter “The Original Manufacturer”) for Messana Inc. under its specifications. Limited Warranty for the PEX-a pipe is only provided by The Original Manufacturer and it is reported below as received by Messana Inc.
The Original Manufacturer guarantees all its pipelines against defective materials and manufacturing defects for 10 years. During the first ten years of the Guarantee, the guarantor can also compensate the user for any damage to tangible property, which is directly caused by defective materials or manufacturing defects, or by replacement of the defective tube. The above mentioned guarantee leans by means of an insurance of civil responsibility of 3.000.000 Euros, up to a maximum of 600.000 Euros for event and year. During the first ten years of the Guarantee the following will be applied:
Scope of the Guarantee
The Original Manufacturer responsibility includes the reinstatement without costs of the pipeline that presents damages, and that are caused by failures in the production of the same. Also the necessary works of repair are included to restore the previous condition of the mishap. Any additional indemnification remains excluded, like any costs of stopping of the installation, as well as for depreciations and other hurts caused indirectly.
The Original Manufacturer takes the responsibility for all the damages, described before, caused by the defective material in the facilities of the promoter or third parties.
The Original Manufacturer saves himself the right to contract directly the repairs to specialized companies of his choice.
In relation to bodily injuries, the Insurance of Civil Responsibility guarantees a maximum indemnification of 300.000 Euros for victim or injured by event and year.
On other property and personal damages not described in both previous paragraphs, The Original Manufacturer answers in agreement with legally foreseen.
To be able to validate the rights protected by this guarantee, his holder must present the corresponding notification for mishap inside the period stipulated in the conditions of the guarantee.
Any notification, agreement or resolution must be notified in writing to have validity.
Following the first ten years of the Guarantee, the guarantor’s liability shall be limited to supplying the defective tubes free of charge.
Conditions of the Guarantee
The guarantee is effective under the condition of which, between the starting up of the installation and the mishap, they have not passed any more than 10 years.
The utilization of the pipe with not known accessories and not approved by The Original Manufacturer, as well as the utilization of water not proceeding from the network of supply, will annul the guarantee.
The guarantee will be canceled also if the installation was not done properly and was not being fulfilled according the instructions of assembly of the manufacturer, and-or were not having done taking in mind all the technical information of the manufacturer.
The installation has to of having been realized by a specialized and registered company. The guarantee excludes the hurts and damages of all kinds for foreign reasons or major force, as well as mistakes or faults of assembly (a test of pressure badly realized forms a part of a bad installation).
The presentation of guarantee demands the corresponding notification from The Original Manufacturer in writing, in three days following the date of the mishap.
In case of breakdown, The Original Manufacturer saves himself the right to inspect the damages, always in eight days following the mishap and before the measures beginning to correct it.
The measures thought by The Original Manufacturer in order to minimize the damages, do not involve the recognition of responsibility in the frame of guarantee. The negotiations on compensations must never be considered to be a resignation to the challenging of which the notification of the mishap should not have appeared in his due moment, be technically unjustified or it had some another deficiency.