Five-year guarantee as part of the company philosophy

I. General information

AXOR offers first end customers a manufacturer’s guarantee on AXOR products. This voluntary manufacturer’s guarantee is in addition to the statutory rights to which the first end customer is entitled to from the seller. Any further claims of the first end customer against AXOR (e.g. based on any product liability) also remain unaffected (see Section VII below).

The term "first end customer" means the person who was the first consumer to purchase the AXOR product directly from AXOR/Hansgrohe or a Hansgrohe sales partner (in particular sanitation companies, specialist dealers and DIY stores). The term "consumer" in this manufacturer’s guarantee means any natural person who has purchased the AXOR product for private use and has not purchased it to use it in the course of their commercial or self-employed professional activities (e.g. to resell it or install it for third parties).

This manufacturer’s guarantee only applies to the first end customer and is not transferable. If the AXOR product is resold by the first end customer, the guarantee is therefore not transferred to the purchaser, regardless of whether the purchaser is also a consumer.

II. Scope of the guarantee & guarantee period

AXOR guarantees to the first end customer that the AXOR product purchased by the first end customer is free from material, manufacturing and design defects. The latest science and technology at the time of manufacture is the relevant standard in this regard.

The guarantee applies to all AXOR products, for a period of five years from the date of purchase by the first end customer, but for a maximum of six years from the date of manufacture. The AXOR products listed below are excluded – a separate period applies to these AXOR products:

The guarantee period shall not be extended as the result of services provided under this manufacturer’s guarantee, in particular it shall not be extended in the event of repair or replacement. In such cases, the guarantee period shall also not start again. This shall apply even if these guarantee conditions are enclosed with the replacement product; a new guarantee shall not thereby be established and the guarantee period shall not thereby start again.

Claims for the reimbursement of consequential loss and damage or on grounds of product liability shall only be valid in accordance with mandatory statutory provisions.

This manufacturer’s guarantee only applies to first end customers who have purchased the applicable product in a country in which Hansgrohe is represented by its own sales company or via a sales partner.

III. How to claim, period for claim & limitation

To make claims under this guarantee, the first end customer must notify Hansgrohe or the Hansgrohe sales partner from whom the first end customer purchased the AXOR product of the defect, in writing. Such notice of defect must be made within a period of two months from the date when the first end customer identified or should have identified the defect in the AXOR product, and in any case before the end of the guarantee period. It is the responsibility of the first end customer to prove that the guarantee period has not yet expired; such proof may be provided in particular by presenting the purchase receipt for the AXOR product.

The written notice of defect must contain the following:

• a detailed description of the defect;
• the name and address of the first end customer; and
• proof that the customer purchased the AXOR product as a first end customer and proof of date of purchase, e.g. proof of purchase with date of purchase, the trade name of the Hansgrohe sales partner and the product name and/or AXOR/Hansgrohe article number.

The written notice of defect must be sent by email to service@hansgrohe.co.za or via the contact form. After receipt of the written notice of defect, Hansgrohe shall contact the sender within three working days. The product must not be removed before the end of this period and any instructions to the contrary. This does not apply if there is a risk of substantial damage or loss.

The claim under guarantee shall expire at the end of the guarantee period. If a claim has been made within the guarantee period in compliance with the above requirements, but Hansgrohe has not yet performed its obligations under the guarantee, the limitation period shall be suspended until Hansgrohe has performed its obligations under the guarantee.

IV. Conditions and exclusions

The preconditions for claiming under this guarantee are professional installation of the affected AXOR product in accordance with the Hansgrohe installation manuals and generally accepted engineering practices (e.g. by a qualified tradesperson or authorised specialist) and use of the applicable AXOR product in accordance with the Hansgrohe instructions for use and installation manuals. This includes, but is not limited to (and depending on the product), inlet water pipes being properly flushed prior to the product’s installation or following building work, in accordance with the applicable standards, installation work complying with the diagrams enclosed with the AXOR product, and checks being done to ensure that the working pressure in the water mains complies with the technical specifications. 
If Hansgrohe can prove or if there is an objectively justified suspicion that these preconditions have not been met, Hansgrohe may reject the claim under guarantee, unless the first end customer proves that the above preconditions have been met.
Any instructions for use and installation manuals and any other technical instructions are provided with each AXOR product and are available at www.axor-design.de.

This manufacturer’s guarantee does not give rise to any claims in the event of:

• use of the AXOR product in the course of commercial or self-employed professional activities;
• failure to give notice of the defect and removal of the defective AXOR product too soon without prior assessment by or instruction from Hansgrohe (see Section III);
• failure to comply with the instructions for use and installation manuals provided or available at www.axor-design.de, as well as any safety precautions;
• improper maintenance or repair of the AXOR product, in particular repair or maintenance using parts other than original AXOR spare parts;
• improper installation or commissioning;
• use of the AXOR product not in accordance with its intended or recommended use or use that is otherwise improper or incorrect (including starting up with liquids other than pure drinking water);
• product modifications, in particular installation, removal or replacement of individual parts or components of the AXOR product; or
• AXOR products where the production/serial number or date of manufacture on the product has been removed, changed or made illegible.

This manufacturer’s guarantee does not cover the following:

• product defects caused by transport, installation or external impact (shock, impact or fall);
• product defects or damage caused by the seller, installer or third parties;
• product defects that can be attributed to normal wear (e.g. scratches or wear marks) or intentional damage (if damage is caused by negligence, such negligence shall be treated as contributory negligence);
• wear parts, e.g. seals and hoses;
• consumable materials such as batteries, filters and aerators;
• breakage of breakable components, such as glass, bulbs and mirrors;
• minor deviations of the AXOR product from the target quality that do not affect the usability of the AXOR product;
• incoming dirt, water jets, in particular hot water jets, damage caused by limescale deposits, ice or other environmental influences (e.g. humidity and heat), operating and handling errors, damage caused by aggressive environmental influences, chemicals, cleaning agents, excessive pressure/insufficient pressure and pipes under excessive tension or insufficient tension;
• damage or loss caused by force majeure or natural disasters, including but not limited to floods, lightning strike, fire, frost or fluctuations in the power supply.
• consequential damage caused by a defect; and
• sample or exhibition products, 2nd choice products and similar.

V. Services in the event of a guarantee claim

In the event of a claim under guarantee in accordance with Sections I. to IV., Hansgrohe shall provide the manufacturer’s guarantee by: 1) repairing the affected AXOR product or supplying the necessary replacement parts; 2) replacing the product; or 3) refunding the purchase price to the first end customer, at its own discretion and in accordance with the following provisions.

1) Repair

It is normally the case that the first end customer has the defective AXOR product repaired by a specialist on site with the prior agreement of Hansgrohe. In this case, the manufacturer’s guarantee includes free delivery of the necessary spare parts. If Hansgrohe issues a written decision to conduct the repair itself, Hansgrohe shall bear any costs that arise for spare parts, installation and labour, as well as any expenses incurred from transport or shipping of the AXOR product. The first end customer must provide access to the defective AXOR product.

2) Replacement

In the event of replacement, the defective AXOR product shall be replaced free of charge with a new AXOR product of the same kind, quality and type. If the AXOR product in question is no longer manufactured at the time at which the notice of defect is made, Hansgrohe shall be entitled to deliver a comparable replacement product. Transport and shipping to and from Hansgrohe or the Hansgrohe sales partner and any action in connection with replacement of the AXOR product (including de-installation and re-installation) may only be carried out with the prior agreement of Hansgrohe. If Hansgrohe agrees to the intended measure, Hansgrohe shall bear the costs arising from the measure that is carried out. Unless otherwise agreed, the first end customer undertakes to collect the new AXOR product from the nearest Hansgrohe sales partner. The replaced AXOR product becomes the property of Hansgrohe, when it is de-installed.

3) Refund of the purchase price

If Hansgrohe chooses to reimburse the purchase price and confirms this in writing, the first end customer shall return the defective AXOR product and Hansgrohe shall reimburse the purchase price paid by the first end customer. On the purchase price being refunded, ownership of the defective AXOR product shall transfer to Hansgrohe.

VI. Consequences of an unjustified claim under guarantee

If the customer gives notice of a defect under guarantee, but the preconditions for a claim under this manufacturer’s guarantee are not met, the costs incurred from shipping or transporting the product shall be borne by the first end customer. The first end customer must also bear the costs, including any labour costs, incurred by Hansgrohe for any de-installation, inspection or return transport of the product.

If the first end customer, after being informed that the terms of the guarantee are not met and of the estimated cost of the repair, nonetheless wants the repair to be carried out, the first end customer must pay the costs of spare parts and labour.

If the AXOR product did not already have the defect in question at the time of delivery, Hansgrohe shall decide on a case-by-case basis whether the defect should be rectified as a gesture of goodwill. In such cases, the first end customer shall not have any legal right to rectification of the defect.

VII. Further rights

In addition to the rights under this voluntary manufacturer’s guarantee, the first end customer is entitled to statutory rights without restriction.

In particular, this manufacturer’s guarantee does not affect any further statutory or contractual rights (in particular warranty rights) that the first end customer may have against the AXOR sales partner from whom the first end customer has purchased the AXOR product.

The statutory rights of the first end customer against Hansgrohe are similarly not limited or replaced by the guarantee. This applies in particular to mandatory statutory liability provisions under the German Product Liability Act or any liability in tort borne by Hansgrohe.

The rights of the first end customer shall continue to apply regardless of any claim under the guarantee and assertion of rights under the guarantee by the first end customer.

VIII. Contact

Hansgrohe South Africa
30 Archimedes Street
Kramerville
Johannesburg
South Africa

https://www.axor-design.com/za/contact?topic=complaintAXZA