Condições Gerais

Teka Portugal S.A. - 25 Year Performance Cabling System Warranty

General Warranty Conditions

1 Subject of the system warranty  
This warranty agreement applies exclusively to TEKA Portugal S.A. Cabling System, which are composed of TEKA Portugal S.A. components.

2 Terms

2.1 Warrantor
Teka Portugal S.A.
Estrada da Mota
3834-909 - Ílhavo
NIF: 500133220
Matriculada na Convers. Registo Com. Ílhavo com número único de matrícula de pessoa coletiva 500133220
Capital Social: 10.000.000€

2.2 Warranty holder
The legal entity receiving a Teka Portugal S.A. Performance Cabling System Warranty. The warranty holder is the end user of the installed system.

2.3 Certified installer
The installer who completed successfully the Teka Portugal S.A. training program on copper data technology and received the installer certification

2.4 Permanent link
The Permanent Link is defined as the transmission path of the installed cabling including the horizontal cable and the connecting hardware RJ45 in both the patch panel and the outlet and an optional intermediate Consolidation point (CP).

2.5 Teka Portugal S.A. Cabling System
Teka Portugal S.A. cables and connection components approved to achieve the selected permanent link class / category for system warranty.

2.6 Acceptance guidelines
Information on the performance of the acceptance test and compliance with the limit values set by the standards (Annex 2).

2.7 Warranty registration and certificate
System Warranty Registration and Contract Document to be completed by the installer (Annex 1).

2.8 25 Year Performance Cabling System Warranty
System warranty certificate, which is given to the Warranty holder after successful verification of all the requirements established under this contract.

3 Content of Teka Portugal S.A.’s 25 Year Performance Cabling System Warranty

3.1 Component warranty

Teka Portugal S.A.  warrants, that all components of the Portugal S.A. Cabling System will be free from defects in materials or workmanship for a period of 2 years.

3.2 Teka Portugal S.A.’s 25 Year Performance Cabling System Warranty
Teka Portugal S.A.
warrants for a period of 25 years that Teka Portugal S.A. Cabling System (Permanent link) installed will comply with the standards defined at the time of the components delivery.

4 Warranty conditions
To claim Teka Portugal S.A.’s Cabling System Warranty, the following conditions must be met.

4.1 Warranty registration
The registration for Teka Portugal S.A.’s Cabling System Warranty has to be done by the certified installer.

The warranty registration for the Teka Portugal S.A.’s Cabling System Warranty has to be submitted, complete filled, to Teka Portugal S.A. (Annex 1), within 3 months after cable system certification. By submitting the application form (Annex 1), the installer confirms that:

- the components have been installed according to their product specification and according to the Teka Portugal S.A. installation guidelines

- the Teka Portugal S.A. cabling system to be certified has been tested and documented in accordance with the acceptance instructions (Annex 2)

- the handed over measured results correspond to the actually measured values - the installed system complies with the values described in the standards and has been installed with approved components.

4.2 Material usage
Only originally packaged, brand new Teka Portugal S.A. components may be used for the Installation.

4.3 Installation and acceptance
Only Teka Certified installer can perform and register for acceptance Teka Portugal cabling systems.

4.4 Visit to the installation
The guarantee holder ensures that Teka Portugal S.A. can visit the cabling system - even during the installation phase.

5 Datasheets
Teka Portugal S.A.  provides data sheets and installation guidelines for the components contained in the cabling system.

5.1Examination of documents / creation of system warranty
After examining the submitted documents for completeness, Teka Portugal S.A. hands over the Teka Portugal S.A.’s 25 Year Performance Cabling System Warranty to the applicant installer for the installed cabling system. The installer forwards these documents to the warranty holder. Teka Portugal S.A. expressly reserves the right to not issue a warranty in case of incomplete or incorrect documentation. The Teka Portugal S.A. system warranty is not transferable to third parties.

6 Changes and extensions of certified cabling systems

6.1 Change to the cabling system

If the holder of the warranty intends to change or expand a cabling system for which a Teka Portugal S.A. system warranty already exists, the change must be reported to Teka Portugal S.A. in writing before the start of the work, who will decide if the original warranty terms and duration will remain.

If new permanent link will be added a new warranty registration should be summited.

7 Complaint on Teka Portugal S.A. cabling system

7.1 Complaints during the warranty period

If there is a warranty claim that is relevant for the warranty during the warranty period, the warranty holder shall provide the following information to Teka Portugal S.A.:

- detailed description of the problem

- warranty contract of the certified Teka Portugal S.A. cabling system

- the archived test results of the certified cabling system

7.2 Visit to the installation by Teka Portugal S.A.
If the problem cannot be clearly defined based on the information listed above, Teka Portugal S.A.is entitled at any time to test and examine the cabling system on site.

7.3 Qualified complaints
In the case of a qualified complaint, the written consent of Teka Portugal S.A. is required before work on the offending link.

This warranty covers exclusively the supply of the replacement parts (cable and connectors) necessary to reestablish the performance of the affected permanent link.

Teka Portugal S.A. may use components that at least match the same product specifications of the components in question for troubleshooting purposes. The removed and replaced components are to be made available to Teka Portugal S.A free of charge.

7.4 Unfounded complaints
If the complaint proves to be unfounded, all costs incurred by TEKA PORTUGAL S.A. for the detection and analysis of faults in the TEKA PORTUGAL S.A cabling system shall be supported by the guarantee holder.

7.6 Exclusion of further warranty rights
Other warranty rights are not available to the warranty holder.

8 Exclusion of warranty
TEKA PORTUGAL S.A is not responsible under this warranty

- if the Teka Portugal S.A cable system has no damage

- if the components of the cabling system are not used or operated properly

- if the components have been damaged, modified or installed incorrectly

- if the components are operated in an environment that does not conform to the product specifications

- if measurement results have been manipulated

- if defects occur due to thermal, chemical, electrical or electrolytic influences

- if any of the components applied has not been supplied by Teka Portugal, S.A.

- for damages that are not under the influence of Teka Portugal S.A., such as fire, water, flood, war, lightning, earthquakes, and force majeure

- The warranty also excludes wearing parts such as connection and patch cables, connectors, couplings, etc.

- The warranty also excludes manipulation and or installation by non Teka Certified installers

9 End of Teka Portugal S.A.’s 25 Year Performance Cabling System Warranty
The Teka Portugal S.A.’s 25 Year Performance Cabling System Warranty automatically terminates upon expiration of the warranty period of 25 years from the issuance of the warranty certificate, without prior notice.

It also ends in the event of a change to the cabling system, which Teka Portugal S.A. was not notified in writing and confirmed by Teka Portugal S.A..

10 Disclaimer
Teka Portugal S.A. is not liable for indirect and/or consequential damage, which could be caused by a complaint Teka Portugal S.A. cabling system, such as but not limited to loss of revenue, data loss, data recovery, restart and downtime of the computer as well as damage to facilities and claims by third parties to the warranty holder. This disclaimer also applies to cases in which Teka Portugal S.A. has been informed in advance about the possibility of such damages.

11 Applicable law and jurisdiction
Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be settled before the courts of the city of Aveiro, Portugal. The substantive law of Portugal will be applicable to any dispute.

12 Assignment ban
No rights arising from this warranty contract (Annex 1) are transferable to third parties.

13 Termination
Either party may terminate the warranty agreement (Annex 1) in writing at any time with effect for future installations.

14 Attachments
ANNEX 1: System Warranty Registration and Contract Document

ANNEX 2: Acceptance regulations for a Teka Portugal S.A. system warranty – copper