I. General information

The following warranty statement of ES Chimney System GmbH, Am Wall 113, 28195 Bremen ("ES Chimney") applies to purchasers who have bought articles or goods from ES Chimney or a distribution partner ("ES Chimney"). In accordance with the following provisions, ES Chimney guarantees that the products purchased by the customer on our website (https://eschimney.co.uk/) the ordered articles and/or goods (hereinafter the "product") will be free, during the warranty period, from material or manufacturing defects that significantly impair the use of the product. The state of science and technology at the time of manufacture of the product is decisive in this respect.

This warranty declaration does not apply to products or components expressly excluded in this warranty declaration (see point V).

This warranty is only valid for the customer who has purchased the product directly from ES Chimney or a distribution partner. If the customer resells the product, the warranty is not transferred to the new purchaser, even if the latter is a consumer (Section 13 of the German Civil Code).

II. Duration, commencement and limitation of warranty rights

ES Chimney warrants that the product will be free from defects in material or workmanship that significantly affect the use of the product for a period of 10 years (hereinafter the "warranty period").

The Warranty Period may be extended by 15 years, for a total period of up to 25 years, for an additional charge of EUR 69.00. If the customer wishes to extend the warranty period, the extra charge will be agreed between ES Chimney and the customer.

The warranty period starts on the date on which the sales contract was concluded. The guarantee period is not extended by services provided by ES Chimney under the guarantee (e.g. repair or replacement of the product). In these cases, the warranty period does not start running again.

Claims under this warranty declaration become statute-barred on expiry of the warranty period. If a complaint is properly and timely notified during the warranty period (see Section VII), but the examination of the warranty claim has not yet been completed, the limitation period for the notified warranty claim shall be suspended. The suspension of the statute of limitations ends when ES Chimney has refused the notified guarantee case or has provided the guarantee benefits.

III. Territorial scope of application

ES Chimney grants the warranty if the product is delivered in the territory of the United Kingdom

IV. Legal rights

The contractual or legal rights of the customer vis-à-vis the seller concerned or ES Chimney remain unaffected by this guarantee. The customer can assert these rights free of charge independently of this warranty declaration. In particular, the customer's claims for material or legal defects (§ 434 BGB) remain unaffected. If the product is defective, the customer may assert the legal rights pursuant to § 437 BGB (e.g. subsequent performance, rescission, reduction or damages as well as reimbursement of unnecessary expenses) during the warranty period. This does not affect the statutory liability provisions, nor does it affect claims under the Product Liability Act, nor does it affect claims arising from intentional or grossly negligent conduct on the part of ES Chimneys, its vicarious agents and legal representatives, nor does it affect claims arising from injury to body or health.

V. Conditions and Exclusions

The rights under this warranty are only valid if:

the product has been properly and professionally installed, maintained and commissioned

the product does not show any damage or signs of wear resulting from use, assembly, operation or maintenance that deviates from the recognized technical rules and instructions given by ES Chimney (in accordance with the operating or assembly manual)

the product does not show any characteristics that indicate repairs or other defective measures, only accessories authorized by ES Chimney have been installed in the product

the customer proves, when making a claim under the warranty, by presenting the relevant maintenance log, that the product has been regularly and properly maintained within the intervals to be observed for this purpose, in accordance with the operating manual any modifications to the product have been carried out in an appropriate and professional manner,

the defect in the product is not due to damage during transport or to an external cause (e.g. impact or fall), and

the product defect is not a normal wear and tear phenomenon (e.g. defective seals and hoses).

No warranty claims are made in the following cases

Wearing parts (e.g. insulation, seals and hoses),

consumables or fragile parts (e.g. granules, filters, batteries, glass or mirrors)

damage caused by acts of God or natural disasters, including lightning, fire, frost, electrical or water damage

free-standing chimneys, including their components,

Ventilation towers,

Plastic components (e.g., tubes),

Painting of the kits in matt black

Moving parts (e.g. dampers, doors or regulators) or hoses

Samples or display products as well as products with reported previous damage

Consequential damage

In addition, the customer is not entitled to warranty benefits if the damage to the product is due to an unsuitable operating environment or improper handling. An unsuitable operating environment is, in particular, pollution of the ambient air and combustion air with chlorinated hydrocarbons (e.g. from cleaning and degreasing agents such as detergents or hair sprays, solvents, thinners or spray cans). In particular, the burning of treated or inadequately stored wood, household waste or chipboard is improper handling.

VI. Warranty claims

Warranty rights are limited to the warranty benefits listed below. ES Chimney undertakes to repair or supply new or revised parts at its own expense and at its own discretion in the event of a defect.

ES Chimney will normally repair the defective product itself or have it repaired by a specialized company. In the case of a guarantee, ES Chimney will pay the cost of the replacement parts that caused the defect and the labour costs.

If ES Chimney decides to replace the product, the defective product will be replaced with a new product of the same type and quality. If the product in question is no longer manufactured at the time of the warranty performance, ES Chimney can deliver a comparable product if this is not unreasonable for the customer.

If repair or replacement of the product is impossible for ES Chimney or cannot reasonably be demanded of the customer, ES Chimney can refund the purchase price. In this case, the customer returns the defective product and receives a refund of the purchase price. If the customer has already used the product, a reasonable amount must be deducted from the purchase price for the duration of the use or possible deterioration of the product (§ 346 BGB). With the payment of the refund price, the ownership of the defective product is transferred to ES Chimney.

In the event of a guarantee, ES Chimney will, if necessary, provide the customer with the necessary documents and information for a free return. If the customer chooses another form of return shipment, ES Chimney will not bear the shipping costs.

VII. Notification of guarantee cases (form and deadline)

Warranty claims can only be asserted by written notification (in text form) to ES Chimney within two months of the occurrence of the warranty case or, in the case of defects that are not immediately recognizable, within two months of their discovery.

The warranty case can be reported by mail to the above address or by e-mail to [info@eschimney.co.uk]. The warranty notification must contain the following information:

A description of the error,

Name and address of the customer and

proof that the customer purchased the product and when he/she purchased it (e.g. by forwarding the invoice)

Upon receipt of the warranty notice, ES Chimney will contact the customer to coordinate further review of the warranty notice.

VIII. Unfounded Warranty Claims

If the warranty is invoked and the examination of the product by ES Chimney or the competent service department reveals that there was no defect or that the warranty is not applicable for one of the reasons mentioned above, any labour, transport or shipping costs shall be reimbursed by the customer. This shall not apply if the customer proves that he could not have known, under the circumstances, that the warranty claim did not exist.

IX. Further provisions

This warranty declaration is subject to German law. If the customer has placed the order as a consumer and has his usual place of residence in another country at the time of his order, the application of the mandatory legal provisions of that country shall not be affected by the choice of law made.

The exclusive place of jurisdiction for all disputes arising from and in connection with this warranty declaration is the place of substantive jurisdiction at the registered office of ES Chimney System GmbH, insofar as each party is a merchant or a legal entity under public law or has no general place of jurisdiction in Germany.

Chen Sun

From May 2022