Warranty conditions
W. Kirchhoff Inc, based in Tucker, GA offers a limited warranty for the Kirchhoff product you have purchased in accordance with the warranty conditions stated below.
1. Limited Warranty
Since W. Kirchhoff Inc. is not able to control the quality of Kirchhoff products that have not been sold by authorized resellers, this warranty does not cover products purchased from unauthorized resellers. Authorized resellers can be found on W. Kirchhoff’s website.
Subject to the warranty limitations set forth herein, W. Kirchhoff Inc. warrants that the purchased product will be free from defects in material and workmanship for the Warranty Period as Set Forth in Section 5, under normal and proper use and service.
2. Warranty Limitations
THE EXPRESS WARRANTIES SET FORTH HEREIN DO NOT APPLY TO ANY DEFECTS OR OTHER DAMAGES DUE TO OR ARISING FROM:
Corrosion in aerators
Cartridge
Damages due to improper assembly, commissioning and treatment
Damages due to external influences such as fire, water and chemical influences
Outdoor use
Excessive water pressure
Mechanical damage due to an accident, fall or push
Negligence or vandalism
Normal wear and tear
Lack of maintenance
Damages due to repairs by unqualified persons
Improper use
Unsuitable cleaning agents
Chemical of mechanical influences during transport, storage, connection, repair and use of the product
Normal wear and tear
Alterations without W. Kirchhoff Inc's express prior written consent
Any action in conflict with W. Kirchhoff Inc's instructions, manuals or other relevant instruments.
The refund of expenses for deinstallation and installation, claims due to profit losses and for damages are excluded from the warranty, as are any further claims for damages and losses of any kind, which are caused by the product or its use.
The express warranties set forth herein only apply if (a) a product has been properly handled, used and maintained; (b) you have W. Kirchhoff Inc within seven (7) days of the alleged defect first occurring; and (c) you are not in breach under any agreement with W. Kirchhoff Inc.
3. Sole Remedy
Your sole and exclusive remedy, and W Kirchhoff Inc.'s only obligation for breach of warranty hereunder, shall be, at W. Kirchhoff's option in its sole discretion, during the Warranty Period, the replacement of any product or part of the product that proves defective in workmanship and / or material, under normal installation, use, maintenance, and service. If W. Kirchhoff Inc. is unable to provide a replacement part or product due to the product no longer being produced or repair is not practical, W. Kirchhoff Inc. may elect to deliver a replacement product which is as similar as possible to the returned type. Replaced parts or products are furthermore transferred into property of W. Kirchhoff Inc.
4. Enforcement of warranty claim
In order to make a warranty claim, contact W. Kirchhoff Inc., 5126 South Royal Atlanta Dr., Tucker, GA 30084. +1 (770) 939 8515,
[email protected]. You will need to provide proof of purchase and a description of the problem. Furthermore, you will have to deliver the product or defective part, postage prepaid and carefully packed and insured, to: W. Kirchhoff Inc. In case of a warranty claim, W. Kirchhoff Inc. shall refund the costs of transportation.
5. Warranty period
The Limited Warranty shall last for as long as the original consumer purchaser owns both the product and the home the product was originally installed. This warranty is non-transferrable.
EXCEPTION: For any high polished chrome surfaces, such as bronzed and colored surfaces, the material durability thereof is limited to 3 years from the date of purchase.
The warranty period for the product shall neither be extended nor renewed by remedy claims.
Limitation of Warranty
THE WARRANTY SET FORTH HEREINBEFORE IN SECTION 1 IS STRICTLY LIMITED TO ITS TERMS AND IS IN LIEU OF ALL OTHER WARRANTIES AND GUARANTEES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, SPECIFICALLY EXCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of special, incidental or consequential damages.
To the maximum extent permitted by applicable law, this warranty does not cover, and W. Kirchhoff Inc. shall not be liable for, any special, incidental or consequential damages (including labor charges to repair, replace, replace, install or remove this product), whether arising out of breach of any express or implied warranty, breach of contract, tort, or otherwise. W. Kirchhoff Inc. shall not be liable for any damage to the product resulting from reasonable wear and tear, outdoor use, misuse (including use of the product for an unintended application), freezing water, excessive water pressure, pipe corrosion in the home in which the product is installed, abuse, neglect or improper or incorrectly performed installation, maintenance or repair, including the use of abrasive or caustic cleaning agents or “no-rinse” cleaning products.
Notice to residents of the State of New Jersey: The provision of this warranty, including its limitations, are intended to apply to the fullest extent permitted by the laws of the State New Jersey.
6. Severability clause
Should any provisions in these regulations be or become wholly or partially ineffective, or infeasible or should the parties by mistake fail to create a regulation regarding a matter of this contract, the validity of the other provisions of this contract shall remain unaffected. Instead of the ineffective or infeasible provision, or instead of the contractual gap, an effective or feasible provision shall be added which comes closest to the whole purpose of the invalid or infeasible provision. In the case of a contractual gap, the provision shall be agreed upon which comes close to what would have been agreed upon, in line with the intention and purpose of this contract, if the parties had considered the matter from the start. This also applies if the ineffectiveness of a provision is based on a performance or time measure which is standardized in this contract. In this case, a legally standardized measure of performance or time shall replace the agreed one, which comes as close as possible to the agreed measure.
