Any service related to this Warranty will be provided directly by Eurocasa at the terms and conditions provided herein below. As general remark, it is understood that the sole and exclusive remedy under this Warranty is limited to the repair and/or replacement of the defective Product. Febal Casa and Eurocasa make no Warranty to the Customer, express or implied, beyond the warranties expressly set forth herein below. Under no circumstances shall consequential, indirect, special, punitive damages be recoverable. NEITHER COLOMBINI S.P.A. (Febal Casa) NOR EUROCASA GIVE ANY OTHER WARRANTY, GUARANTEE OR COVER OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL OR STATUTORY, WITH RESPECT TO THE PRODUCT(S). INSOFAR AS PERMITTED BY APPLICABLE LAW, FEBAL CASA AND EUROCASA HEREBY STATE THAT THEY DO NOT GIVE ANY IMPLIED, LEGAL OR CONVENTIONAL WARRANTIES AS TO FITNESS FOR A PARTICULAR, GENERAL OR NORMAL, PURPOSE AS TO SATISFACTORY QUALITY OR DURABILITY OR AGAINST LATENT DEFECTS.
This Warranty is provided by Eurocasa solely and exclusively for the Customer who firstly purchases the Product and it may not therefore be transferred, even if the Product is then sold or delivered to a third party. The Warranty covers, pursuant to the following terms and conditions, only the Product and cannot in any way be extended to any other product branded (or not) Febal Casa.
The replacement or repair of Products and/or its parts under the terms and conditions of this Warranty shall not constitute an admission of any liability or fault of Febal Casa and/or Eurocasa.
This Warranty shall apply exclusively to retail sales; therefore, this Warranty shall not apply to any non-retail sale/wholesale, e.g. contract projects. In the event of non-retail sale/wholesale, the Warranty (if any) shall be provided in a specific supply agreement.
In accordance with the terms and conditions illustrated below, Eurocasa guarantees the Products for defects in workmanship arising from the manufacturing process which appear within 5 years (60 months) from the day in which the Product is delivered to the Customer, provided however that the Customer has registered the Product on the Febal Casa website
www.febalcasa.com within 30 days of the installation of the Product to the Customer. (duration set forth in previous sub-paragraphs a. and b. severally defined herein after, as the case may be, as Warranty Period)
After the aforementioned Warranty Period has elapsed, this Warranty loses all effect and validity and any action of Febal Casa and Eurocasa (e.g. the replacement of the Product and/or the accessories, repair, service calls of installation team and transportation expenditures) will be charged according to the Febal Casa and Eurocasa price list in force at that time.
The Warranty Period is not in any case extended as the result of services carried out under the terms of this Warranty, nor does the Warranty Period start again from the beginning.
CONTENT OF THE WARRANTY AND WARRANTY PROCEDURE
Pursuant to this Warranty, Eurocasa shall perform replacement or repair of the Product – as the case may be and at Febal Casa’s discretion – and carry out any logistic services related to such replacement or repair activities.
In case of an event that could be potentially covered by the Warranty, the following procedure will apply:
- The Customer has to give a written notice to the Eurocasa about the defect potentially covered by this Warranty within 30 days of the moment in which the Customer becomes aware of such defect (Claim).
- The Customer shall specify in the Claim the following information: order number, number of the invoice, copy of transportation document or, in absence of transportation document, any other document demonstrating the date of delivery, explanation and pictures of the defect noticed by the Customer. The Claim cannot be received by Eurocasa and/or Febal Casa in the event any of the above requested information are not specified in the Claim.
- Eurocasa will analyze the Claim and, if needed, perform any other inspections (in loco or not) necessary for understanding if the Claim can be accepted pursuant to this Warranty or not. Eurocasa will then send to Febal Casa the results of such analysis.
- Febal Casa is entitled at any time and at its sole discretion to further analyse the Claim. Febal Casa and Eurocasa does its reasonable effort to give to the Customer a technical response within thirty (30) days of the receipt of the communication by Eurocasa. The choice of whether to replace or repair is made at the complete and unconditional discretion of Febal Casa.
- In the event Eurocasa confirms to the Customer that the Claim is covered by the Warranty (i.e. the Warranty will apply):
- if the Product can be repaired on site, Eurocasa will carry out (directly or through the Authorized Specialists – as they are defined herein below) such repair activities;
- if the Product and/or one of its components have to be replaced, Febal Casa shall produce and deliver the Product/spare part necessary for the replacement and Eurocasa will carry out (directly or through the Authorized Specialists) such replacement activities; or
- if the Product and/or one of its components have to be replaced, but the replacement activities cannot be carried out because the Product/spare parts necessary for the activity are not available for any reason whatsoever (e.g. the material for the intervention not be available due to the product purchased by the Customer being discontinued or to warehouse stock having run out), Febal Casa and Eurocasa will, at Febal Casa’s sole discretion, alternatively (i) replace the defective part/Product with a new alternative spare parts compatible for such replacing activities (e.g. material for other product chosen by Febal Casa will be used/supplied, and consequently materials others than those of the Product in the possession of the Customer, but similar in value to the defective materials) or (ii) grant a money compensation which shall not exceed in any case the amount of EUR 150, with the express exclusion of any other obligation to compensate any further damages suffered by the Customer.
At the completion of the replacement activity, the defective part and/or defective Product effectively replaced shall become property of Febal Casa.
- In the event Febal Shop confirms to the Customer that the Claim is not covered by the Warranty or falls into the exclusions of the Warranty as provided in section “EXCLUSIONS” or if the conditions provided for in the section “CONDITIONS” are not met (i.e. the Warranty will not apply) any costs and expenses borne by Febal Shop and Febal Casa related to the Claim may be charged to the Customer.
Any reparation, maintenance or installation over the Product shall be carried out directly by Eurocasa and/or any service provider appointed by Eurocasa (Eurocasa and its appointed service provider, if any, are jointly defined as Authorised Specialists). If any activity of reparation, maintenance or installation is not carried out directly by the Authorised Specialists then this Warranty will immediately cease its own validity and effectiveness, it being understood that this Warranty will not cover damages due to (i) technical services provided by third parties different from the Authorised Specialists or (ii) other inefficiencies that could not be qualified as original manufacturing defects. For the sake of clarity, Febal Casa and Eurocasa are not responsible for any direct or indirect damage or injuries to Product which occurred due to the repair or replacement of the Product by anyone other than Authorised Specialists.
Febal Casa and Eurocasa are not responsible for any direct or indirect damage or injuries to human, animal or property that occurred during the usage of the Product, due to uncaring familiarisation with user manuals, brochures, catalogues or other materials which contained the information about the risks, related to the installation, maintenance and usage of the Product and or its components.
Should this Warranty apply, Febal Casa undertakes exclusively to make available to Eurocasa the spare parts or Products necessary for the replacement and/ or repair activities. Any other activities under this Warranty are undertaken by Eurocasa and can be granted exclusively in the event Eurocasa is active and continues, during the Warranty Period, to conduct its ordinary business as official dealer of Febal Casa. Should Eurocasa cease for any reason whatsoever its commercial and after sales activities as official dealer of Febal Casa, Febal Casa will do its reasonable efforts for finding another Eurocasa that could perform such activities, it being understood that Febal Casa shall not in any case be considered liable in the event a solution cannot be found and the repairing or replacing activities cannot be carried out for any reason whatsoever.
Should the Warranty apply, Febal Casa and Eurocasa shall bear the costs and expenses concerning the manufacture of the material necessary for the repairing and replacing activities.
The Customer remains responsible for all other expenses, such as any fixed call-out charge and labour costs, to be paid directly to Eurocasa who will carry out the intervention.
This Warranty is applicable only in the event the following conditions occur:
- The Product is used for domestic and not professional purposes and also that it is installed in a location within the dwelling and that said location is suitable, meeting the minimum health requirements to be considered habitable (e.g. humidity, temperature, etc.);
- The Product has been fitted correctly by the Authorized Specialists;
- The Product has been maintained according to the instructions in the instruction booklet that comes with the Product and that suitable cleaning products have been used;
- The Product has not been subject to negligence and/or neglect and has been used in an appropriate manner;
- The Product has not been tampered with;
- The defect is not due to normal wear and tear or cuts, scratches or damage caused by impact;
- The defect is not due to a natural disaster or exceptional circumstances.
Items not manufactured by Febal Casa and that are not units of the Product are excluded from this Warranty and Febal Casa and Eurocasa consequently accepts no responsibility for all such items. Also excluded from this Warranty are those units of the Product or parts of them which already have their own manufacturer’s Warranty. For everything excluded from this Warranty, every claim must be addressed to the manufacturers according to the indications of the manufactures themselves.
It is understood that this Warranty shall not apply to the following parts of the Products: internal components and accessories of the Product (by way of example, but not limited to, baskets, drainers, glass rack, etc.); padded parts of the Product, such as headboards and sofas; handles and faucets.
Furthermore, this Warranty shall not apply in the event any damage or defect occurs because of:
– accidents and accidental events of any kind;
– use of undue force;
– misuse or abuse;
– hazardous events;
– wrong and improper use of the Product;
– wrong installation or original and first installation of the Product not carried out by the Authorized Specialists;
– transportation of the Product;
– wrong cleaning Product or procedures;
– high humidity environment;
– the Product is installed outdoors.
The application of this Warranty is excluded in the event the defect consists in a colour change (occurred for any reason whatsoever) of the Product.
Any terms and conditions deviating from the printed standard language of this Warranty will not be valid and will remain unenforceable. The English version of these terms and conditions will be the authentic and binding version. Any translation of these terms and conditions made available will be free translation provided without representation from Febal Casa and Eurocasa that the translation reflects the authentic version.
No Eurocasa nor Febal Casa’s agent, distributor, importer, representative or dealer has the authority to make or imply any representation, promise, or agreement which in any way varies the terms and conditions of this Warranty.
In case of dispute or claim over the Warranty Certificate then the burden of the proof of the existence and extent of a justified claim shall be on the Customer. This Warranty shall, with the express exclusion of any other laws, be governed and interpreted in accordance with the laws of Italy. To the extent any provision of this Warranty contravenes the law of any jurisdiction, such provision shall be inapplicable in such jurisdiction leaving the remainder of this Warranty unaffected. Any and all disputes arising out or in connection with this Warranty, including those concerning its interpretation, application and performance, shall be submitted to the exclusive jurisdiction of the Court of Rimini, Italy.
The Customer acknowledges that as to Febal Casa and Eurocasa obligations arising from this Warranty, Febal Casa and Eurocasa shall not be considered co-debtors and therefore they shall be liable exclusively for the obligations undertaken respectively by each one with the exclusion of any kind of joint liability.