Zatura S.L.U with its registered office in Castellon (Spain), at Polígono Industrial Belcaire, Calle C, Parcela 1201, La Vall D’Uixó, 12600 registered under Spanish Fiscal Number (N.I.F.) B-87582201, which is a manufacturer of washbasins, shower trays and bathtubs under brand LAVABERG (hereinafter referred to as “the Products”, or individually “the Product”), shall be the Guarantor.
The granted Guarantee shall include the assurance that the Product is free from any physical defects which occurred during the manufacture process of Products or being the result of the use of improper materials for the manufacture of Products, what would make the Product unfit for its intended use. In particular, the Guarantor shall not be responsible for the defects of the Product being the consequence of: (i) mechanical damage of the Product after it was released to the Client and (ii) regular wear and tear of Products, including surface scratches which appeared during the use of the Product.
The Guarantor’s scope of responsibility has been set out in § 1 section 3 hereof. Under this Guarantee, the Guarantor shall not bear liability for the damage resulting from the defectiveness of the Product (i.e. damage to the Client’s property caused by the defective Product).
The Guarantee shall apply under the following conditions a. the Product is assembled in accordance with the Guarantor’s recommendations included in the manual and in accordance with the established rules of construction practices, as well as appropriate harmonized standards, b. the Product is used in accordance with its intended purpose; c. the Product is maintained according to the Guarantor’s recommendations specified in care & clean instruction added to the product and available at website www.lavaberg.com
2. Term and territory of the Guarantee
The term of the Guarantee shall depend on the kind of a gel-coat used by the Guarantor during the manufacture of Products and shall amount to: a. 5 years starting from the day when the Product is released to the Client – for the bathtubs; b. 10 years starting from the day when the Product is released to the Client – for the washbasins and shower trays.
The Guarantee is valid on the territory of the Countries of European Community (EC).
3. Removal of Product defects
Detailed procedure of the complaint handling process is available at the point of product purchase.
Within 14 business days from the day when the claim is properly submitted by the Client, the Guarantor shall handle the claim and inform the Client, whether the claim of the Client is accepted or rejected.
If the claim is accepted by the Guarantor, the Guarantor or an entity appointed by the Guarantor shall remove the defects accepted by the Guarantor within 14 days from the day when the Client has been notified that the claim has been accepted or from the day when the time limit for informing the Client about handling the claim has passed. In case of a dispute, if the expert’s opinion confirms the Client’s position, the Guarantor or an entity appointed by the Guarantor shall remove the defects of the claimed Product within 14 days from the day when the Guarantor has received the expert’s opinion.
The Product defects may be removed by: a. the delivery of a new Product by the Guarantor at the expense of the Guarantor; or b. the repair of the claimed Product by the Guarantor at the expense of the Guarantor; or c. the refund of the price for which the Product has been purchased by the Client from the Guarantor.
The choice how the Product defect is removed shall remain the sole discretion of the Guarantor
The Guarantor shall not bear the costs of the collection, delivery and recycling of the claimed Product, unless the claimed Product has been sent to the Guarantor at his request during the claims procedure and the claim has been accepted by the Guarantor
4. Final provisions
In all matters not regulated herein the relevant provisions of the Polish Civil Code shall apply.
Any disputes arising between the Guarantor and the Client shall be settled by a Polish common court having jurisdiction over the registered office of the Guarantor.