Guarantee conditions

Guarantee conditions

Guarantee conditions

• During a period of five years after delivery, Kemie guarantees that the delivered goods satisfy reasonable requirements for quality and reliability provided that they are subjected to normal use.
• If a defect is detected within the period stated in the previous paragraph, then (if the complaint is submitted in a timely manner and the complaint is accepted by Kemie)  Kemie is responsible for repair or redelivery of the missing item within a reasonable period to be stated by the customer after discussion with Kemie.
• If the complaint is not accepted by Kemie, the customer is entitled to appeal at the ‘Stichting Geschillencommissies Keukenwerkbladen’ (Dispute Committees for Kitchen Worktops Institute).
• The costs for repair or redelivery or delivery of the missing item are apportioned as follows:
1. if the defect is detected within one year after delivery, these costs are charged in full to Kemie;
2. if the defect is detected in the second year after delivery, 4/5ths of these costs are charged to Kemie;
3. if the defect is detected in the third year after delivery, 3/5ths of these costs are charged to Kemie.
4. if the defect is detected in the fourth year after delivery, 2/5ths of these costs are charged to Kemie.
5. if the defect is detected in the fifth year after delivery, 1/5th of these costs are charged to Kemie.
The costs for reinstallation are not covered by the guarantee.
• If Kemie cannot comply with that stated in the previous paragraph, for example because the product is not, or is no longer available in the same form or quality in its range, Kemie shall, after consulting the customer, deliver equivalent goods, or refund the purchase price of the product to which the defect relates, to the customer. If Kemie opts for delivery of equivalent goods, that stated in paragraph 3 shall apply accordingly.
• The date of submitting the compliant by the retailer shall be binding for the application of the system referred to in paragraph 3.
• If Kemie, has complied with the obligation by virtue of this article, then the guarantee relating to the repaired product or product delivered as a replacement, remains in force during the remaining guarantee period for the original product.
• Minor and unavoidable deviations (deemed to be permissible in the trade), where in terms of size, a size tolerance of 3 mm must be observed and, where in terms of colour and/or texture, samples always only provide a general impression of the goods to be supplied, do not constitute a shortcoming on the part of Kemie. Defects that result from normal wear and/or injudicious use and/or improper installation or assembly, also do not constitute any shortcoming on the part of Kemie.
• The customer is deemed to be fully conversant with the fact that products manufactured from natural materials (natural stone, marble, wood, etc.) or products that contain natural raw materials can have a different appearance upon delivery compared with the sample that was exhibited or viewed.
• If has been established that Kemie is liable, and that it is liable to pay the aforementioned compensation in cash instead or in addition, this compensation shall, in all cases, be limited to a maximum of twice the purchase price for the product agreed between Kemie and the customer.
• The customer can only invoke the guarantee or hold Kemie liable if it has fulfilled all of his obligations, more specifically, his payment obligations and the conditions as stated in the following article.
• With regard to the guarantee to be supplied by Kemie and in order to prevent unnecessary loss for one of the involved parties in the event of a defect falling under the guarantee, the customer is obliged to thoroughly inspect (or make arrangements to inspect) the product delivered by Kemie for any defects as soon as possible after the delivery, but in any event before subsequent delivery to third parties or processing. Kemie must be informed in writing about the detected defects as soon as possible.
• The customer is obliged to ensure or guarantees to Kemie that when processing the product, the work is performed in a competent manner, and that materials are used that ensure that the product can easily be removed and/or relocated, with the intention of complying with the terms of the guarantee.
• Complaints from third parties relating to the quality of the product shall (before the guarantee is invoked) first be processed by the customer, evaluated by him and (if applicable) be rejected by him if these are clearly unsubstantiated, or can be attributed to the customer.
• The guarantee period for showroom worktops commences on the date of delivery of the showroom worktop at the retailer