Warranty Terms

The warranty period provided by S.C. Aquator Transilvania SRL is 10 years for products purchased by individuals and 1 year for products purchased by legal entities.

Legal Warranty of Conformity

The main characteristics of this warranty are:

It is mandatory, meaning it must be granted by the seller to the consumer of the product. Failure to provide this warranty for non-conformity is a legal offense and may be sanctioned according to the law.
The term "seller" refers to any authorized natural or legal person who, in the course of their business, sells products under a contract with the consumer.
The term "product" refers to any tangible movable good intended for individual or collective consumption or use.
The term "consumer" refers to any individual or group of individuals who purchases, acquires, uses, or consumes products outside of professional or commercial activities – thus, the legal provisions aim exclusively at protecting household consumers.

Applicability of the Legal Warranty of Conformity

The warranty applies only in cases of non-conformity, meaning that if the products, at the time of delivery to the consumer, fall into one or more of the following situations:

They do not match the description provided by the seller and do not have the same qualities as the products that the seller presented to the consumer as a sample or model.
They do not meet a specific purpose requested by the consumer, a purpose that was communicated to and accepted by the seller upon concluding the sales contract.
They do not fulfill the usual purposes for which products of the same type are used.
They do not meet the normal quality and performance standards that the consumer can reasonably expect, considering the nature of the product and public statements regarding its specific characteristics, made by the seller, manufacturer, or their representative, particularly through advertising or product labeling.

There is no non-conformity if, at the time of signing the sales contract, the consumer was aware of or could not reasonably be unaware of the lack of conformity, or if the lack of conformity was caused by materials provided by the consumer.

However, a lack of conformity due to incorrect installation is considered a valid warranty case if:

(i) The installation was carried out by the seller or under their responsibility as part of the sales contract.
(ii) The installation was carried out incorrectly by the consumer due to deficiencies in the installation instructions.

Legal Warranty Period

The legal warranty period for conformity is 2 years from the delivery date.

For used products, both parties may agree on a shorter warranty period, but not less than one year.
For the first 6 months, it is presumed that any lack of conformity already existed at the time of delivery.
After 6 months, the consumer must prove that the lack of conformity existed at the time of delivery.

The consumer must inform the seller of the lack of conformity within 2 months of discovering it.

The seller is responsible for the lack of conformity towards the buyer, not the manufacturer. However, the seller has the right to seek compensation from the manufacturer. This right of recourse can be modified by special agreements between the parties, but the seller cannot be exempted from their obligation to provide the warranty for conformity towards the consumer.

How is the Legal Warranty Provided?

The method of fulfilling the legal warranty of conformity is by bringing the product into compliance, free of charge, either by repair or replacement, depending on the consumer's choice. The consumer can freely choose between repair or replacement, as long as the chosen option is not disproportionate or impossible.

A remedy is considered disproportionate if it imposes unreasonable costs on the seller compared to the other available solution, according to legal criteria.
A remedy is considered impossible if the seller does not have an identical product for replacement.

If neither repair nor replacement is possible, the consumer has the right to request:

A proportional reduction of the product's price.
Contract termination, with a refund of the purchase price upon returning the product.

The consumer can opt for one of these two measures if:

They do not receive repair or replacement.
The repair or replacement was not completed within a reasonable timeframe.
The seller did not carry out the repair or replacement without causing significant inconvenience to the consumer.

However, the consumer cannot request a price reduction or contract termination if the lack of conformity is minor.