1. EKW grants warranty for the contractual manufacture of the refractory lining of the furnace chamber with lid, with the exception, however, of the feed and discharge and the corresponding channels on the vessel. The warranty period for the furnace chamber is . . . . months, for the inductor . . . . months, starting with the day of heatup.
For defects in the installation as carried out by us that result in the failure of the furnace system or severely restrict its usability, EKW is liable - under exclusion of further claims - for the execution of the contractually agreed performance. In this case, EKW will replace the refractory system parts free of charge or supply new parts. We must be notified of warranty claims in writing without delay as soon as defects are detected.
For installations and replacement deliveries made within the framework of the warranty obligation, EKW shall be liable to the same extent as for the main performance item, albeit only until the applicable deadline expires.
2. The contract partner is aware that operation of furnaces, introduction of refractory materials and channel induction furnaces, casting furnaces and refractory linings all involve significant risks. The liability of EKW for any damage claims and/or warranty claims of the customer is therefore limited to … times the net value of the order, unless EKW has acted with intent or gross negligence. The customer is obliged to release EKW from any third-party claims for damages that exceed the aforementioned liability framework, regardless of the legal basis on which the claims are lodged.
3. The customer undertakes to obtain separate risk insurance coverage at his own expense for risk extending beyond the framework defined above and to submit proof of such coverage to EKW. Further, EKW shall not be liable for changes in form and cracks that are not due to the processing work done by EKW unless EKW is guilty of intent or gross negligence. Any further claims by the customer exceeding the warranty claims are ruled out, in particular claims for compensation of damages that did not occur in or on the contractual object itself. This does not apply in cases of intent or gross negligence. In the event of a breach of fundamental contractual obligations, EKW shall be liable for negligence, but only up to the amount of foreseeable, typical damage and up to the maximum amount aforementioned of … times the net value of the order. Liability for culpable injury to life, body or health remains unaffected, as does liability under the Product Liability Act.
The General Terms and Conditions cover any further liability for damages other than described above.
1. EKW was informed in writing regarding the technical requirements for the refractory lining, in particular:
- The metal composition,
- The slag composition,
- The bath temperature,
- The temperature of the feed material,
- The tapping temperature,
- The throughput volume,
- The minimum and maximum capacity;
2. EKW has carried out or supervised all of the refractory work,
3. Furnace heatup, and thus the drying and sintering of the refractory lining were carried out or supervised by EKW;
4. The commissioning and, if relevant, liquid sintering of the refractory lining, were carried out in the presence of EKW staff, confirmed by a protocol and signed by both parties to the contract;
5. As soon as the refractory lining work was completed, heatup was started and the furnace was then commissioned and operated immediately and without interruption;
6. The furnace system was operated solely as a hot holding vessel and not as a melting unit and was only charged with liquid metal, and alloying or other metallurgical treatments were not carried out with it;
To operate the furnace continuously and report downtimes to EKW without delay
1. To monitor the furnace continuously, with systematic recording of the temperatures of the furnace shell and inductor housing;
2. To keep records in a continuous furnace protocol containing the electrical values of the inductor as well as the temperatures and water pressure of the cooling water,
3. To measure the temperature of the bath with an immersion pyrometer regularly, at minimum intervals of … and to clear slack from the bath surface regularly depending on the amount of slag produced;
To ensure that a sump always remains in the vessel.
4. To measure the shell temperature weekly at the same bath temperature and filling level at the measuring points indicated by EKW and, if it must be assumed based on these temperature measurements that changes have apparently occurred in the status of the refractory lining, to inform EKW without delay;
5. To charge the furnace system only with metal that is for the most part free of slag;
6. To ensure the siphoning effect at the feed and discharge points;
7. To keep the furnace system closed at all times and to ensure that it is opened for short periods only for slag removal and inspection, and finally
8. To permit EKW employees to inspect the furnace and refractory lining and consult the furnace protocols at any time.
1. The furnace system was charged with material containing slag and damage to the furnace lining has been caused by aggressive slag; the measures that must then be taken must be coordinated with EKW immediately.
Repairs to the furnace system, in particular to the performance items and refractory linings carried out by EKW, were carried out independently without prior authorization by EKW.
2. Repairs to the feed and discharge points were not done regularly or not in accordance with EKW instructions;
3. Damage to the lining has been caused by malfunctions for which the operation is responsible, e.g. electric power failure, cooling system failure.
EKW was not informed immediately when problems appeared to be imminent.
4. The inductor was not replaced in accordance with our instructions.
5. The oven was shut down or run down to a temperature of less than …. without our consent.
6. Or the aforementioned obligations of the operator during the warranty period, or the conditions of the warranty, were violated.
If the customer makes warranty claims, batch protocols, recorder sheets and other documents must be submitted confirming that the furnace had been operated in accordance with the operating instructions of the furnace manufacturer and in accordance with the EKW guidelines.
Not covered by the grant of warranty are costs of repair of wearing parts, e.g. parts at the feed and discharge points and their channels on the vessel.
Also not covered by warranty are consequential damages of any kind occurring after commissioning, in particular due to
- incorrect or negligent treatment,
- improper repair at feed and discharge points
- excessive loading,
- structural changes to the furnace system,
- failure of the power supply,
- increase of maximum bath temperature,
- changes to iron or metal composition,
- clogging of furnace neck with slag,
- change of slag composition.
In case of demonstrably justified defect complaints, payments may only be withheld in an amount that is reasonably proportional to the defects.
Otherwise, the General Terms and Conditions of EKW apply unless expressly agreed otherwise above.
The legal venue (court of jurisdiction) for both parties is Kaiserslautern.