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MANUFACTURER'S GUARANTEE OF TOTO EUROPE GMBH
1. The guarantee of TOTO Europe GmbH
TOTO Europe GmbH (hereinafter referred to as "TOTO") provides a guarantee such that the products it markets shall be
free of manufacturing errors in the case of normal use and service for a period of two years from the date of purchase. This
guarantee only applies to ultimate consumers.
"Ultimate consumer" within the meaning of this guarantee is any natural person who has entered into a legal transaction for a
purpose that can neither be attributable to their commercial nor professional activity and who does not wish to sell the product
to other parties.
This guarantee does not affect the ultimate consumer's contractual or statutory rights in dealings with the affected seller and
the statutory rights of the ultimate consumer in dealings with the product manufacturer.
Performed repairs that were authorised by TOTO, or any exchange of products or product parts, shall not lead to an
extension of the guarantee period and furthermore shall not lead to the guarantee period starting afresh including insofar as
these guarantee conditions are included with the substitute product.
2. Guarantee
TOTO provides a guarantee such that the TOTO products are free of manufacturing errors. The assessment whether or not a
product is faulty is based on the level of technology at the time of manufacture.
TOTO's obligations in accordance with this guarantee are limited, at TOTO's discretion, to the repair or replacement of
products or product parts that are considered faulty by TOTO on condition that such products were installed and used in
accordance with the instructions for use issued in conjunction with the product and in compliance with all acknowledged
demands placed on professional installation. TOTO reserves the right to conduct such investigations that appear necessary
to establish the cause of the fault. TOTO shall not charge the ultimate consumer for the cost of the repair, the products or
parts of products as part of repairs covered by the guarantee or products that are replaced under the guarantee.
3. Preconditions to be met to activate the guarantee
The invoice must be made available to TOTO, for example as a copy, stating the date of purchase, the invoice number, name
and address of the ultimate consumer as well as the name and address of the seller for a guarantee claim to be valid. TOTO
may request that the ultimate consumer provide photographs that either illustrate the damage and/or the type of connections
to the power network or to the fresh and industrial water supply lines. Insofar as TOTO requests this, such photographs
must also be presented to render the guarantee valid. A claim based on this guarantee takes for granted that the products
for which notifi cation of defects has been provided were installed and used properly and in accordance with the instructions,
which TOTO includes in the product delivery, and in this respect the corresponding laws and other legal provisions have been
complied with.
If the ultimate consumer claims that the purchased product is faulty, in the event of purchase from an installer, the ultimate
consumer is to contact such an installer. In all other cases, the ultimate consumer may contact his/her respective seller or a
Service Center authorised by TOTO or contact TOTO itself. Notifi cation of the defect is to be given within a reasonable short
period once the defect is identifi ed, at the latest however before the guarantee expires.
Warranty
4. Guarantee exclusion
This guarantee does not apply to the following points:
a) Damage or loss as a result of fi re, earthquake, fl ood, storm or other cases of force majeure, emissions, gas damage
(hydrogen sulphide), damage caused by salt or abnormal voltage,
b)
Damage or loss as a result of installation not in accordance with the conditions for use or not in accordance with
acknowledged demands placed on professional installation; improper, wrong or inappropriate use or failure to follow the
TOTO conditions for use or labels on the product or inappropriate product maintenance contrary to the conditions for use,
c) Damage or loss as a result of altering, dismantling or destroying the product,
d) Damage or loss as a result of sedimentation or foreign bodies in the water system,
e) Damage or loss as a result of the water quality in the region in which the product is used,
f ) Damage or loss as a result of relocation following installation or due to a detrimental environment,
g) Damage or loss caused by circumstances that do not involve the product itself, for example as a result of intervention in
the building structure,
h) Damage or loss caused by bites from animals or insects such as mice or residues of dead animals or insects,
i ) Damage or loss as a result of freezing the product,
j ) Damage or loss as a result of improper energy supply, which in terms of the voltage, frequency or safety fuses does
not comply with the regulatory requirements for power supply in a household or electro-magnetic waves that are caused
outside the product such as power lines and peripheral devices,
k) Damage or loss as a result of attaching the product in moving vehicles such as cars and ships,
l ) Damage or loss as a result of using batteries etc.,
m)
Damage or loss as a result of wear-and-tear of items subject to day-to-day servicing (e.g. deodorizing fi lter, water drain plug),
n) If spare parts other than original TOTO spare parts are used during repairs or maintenance of the product,
o) The fault was caused by the transportation or installation of the product,
p) The product is a demonstration product/viewing product/former demonstration product/former viewing product,
q) If consumables (e.g. fi lters, fi lter cartridges or batteries) or materials subject to customary wear-and-tear (such as seals
or hoses) are affected,
r ) If the fault was caused by the breakage of brittle parts (e.g. sensor windows or small fl aps),
s) If the fault is attributable to the fact that the product damage was caused intentionally or gross negligently by the
ultimate consumer or a third party.
In each individual case, TOTO shall assess whether or not the ultimate consumer has a guarantee claim. If TOTO considers
the asserted claim to be justifi ed, and examines the affected product for that reason and thereupon it becomes clear that the
product was not faulty or a guarantee claim did not apply, TOTO reserves the right to invoice the ultimate consumer for the
costs that arise as a result of a visit by TOTO, or a company commissioned by TOTO, to the ultimate consumer and as a
result of the rendered or intended services. If the ultimate consumer can furnish proof that the ultimate consumer could not
have been aware that the preconditions for a claim were not met, TOTO shall not invoice the ultimate consumer for its visit to
the ultimate consumer and the rendered or intended services. In the event that TOTO does not rectify the defect based on the
guarantee, TOTO shall invoice the ultimate consumer for the costs that are actually incurred (material, labour and travelling).
In the event that the ultimate consumer holds the view that he/she has additional claims as a result of other guarantees, the
ultimate consumer is to establish the probable validity of its claim and TOTO shall review such claims.
5. Geographical scope of the guarantee
This guarantee is valid exclusively in the European Union and in Switzerland. If a product is installed in a European Union
country in which TOTO neither has a marketing company nor a distribution partner, in respect of reviewing the guarantee
activating event the ultimate consumer is to propose an installation company that satisfi es comparable quality requirements.
6. Applicable law
This guarantee is subject to the law of the Federal Republic of Germany with the exception of the requirements on application
of international private law and the UN Sales Law.
THIS WRITTEN WARRANTY IS THE ONLY WARRANTY MADE BY TOTO.
REPAIR OR REPLACEMENT AS PROVIDED UNDER THIS WARRANTY SHALL BE THE EXCLUSIVE REMEDY AVAILABLE
TO THE ULTIMATE CONSUMERS.
TOTO SHALL NOT BE RESPONSIBLE FOR LOSS OF USE OF THE PRODUCT OR FOR OTHER INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGE OR EXPENSES INCURRED BY PURCHASER, OR FOR LABOR OR OTHER COSTS
DUE TO INSTALLATION OR REMOVAL, OR COSTS OF REPAIRS BY OTHERS, OR FOR ANY OTHER EXPENSE NOT
SPECIFICALLY STATED ABOVE.
TOTO Europe GmbH
Zollhof 2
40221 Düsseldorf
Germany
Reference
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