General Terms of Sale and Terms of Delivery KWC Home
General Extension of Obligation
KWC Group AG - hereinafter referred to as "KWC" or "we" - delivers on the basis of the following General Terms and Conditions of Sale and Delivery, unless otherwise expressly agreed in writing. By placing an order or effecting the confirmation of an order, the customer and KWC undertake to comply fully with the following conditions. The following terms and conditions shall apply exclusively in the version valid at the time of the order. Any terms and conditions of the customer shall only apply if KWC expressly agrees to them in writing.
Order and Order confirmation
All our offers are subject to change and are to be understood merely as an invitation to submit an offer. The contract with the customer shall only be concluded upon receipt of our written order confirmation. All information on our website or in our catalogues and brochures, such as product descriptions, illustrations, weights and dimensions, is non-binding. KWC expressly reserves the right to make changes in this respect. Verbal and telephone agreements shall only become binding upon our written confirmation. A confirmed order is irrevocable for the customer and any challenges due to error (Art 23 et seq. OR) are excluded. The customer may only revoke custom-made products that have been commissioned if they assume the costs incurred up to the time of revocation.
Prices
All prices listed in our price lists are commercial prices excluding VAT, in the respective currency listed per unit. In particular, any small quantity surcharges as well as packaging, express and shipping charges are not included. Prices are subject to change at any time; in the event of a significant change in circumstances, even after conclusion of the contract, insofar as this was neither foreseeable nor the fault of KWC at the time of conclusion of the contract.
Payments
The minimum invoice value (after discount deduction) is CHF 25. The payment period is generally 30 days net from the invoice date. If the customer exceeds this payment deadline or stops payments, all claims fall due immediately. The customer is not entitled to withhold payments or to set them off against counterclaims, not even because of complaints or counterclaims. In the event of any unauthorised discount deductions, an automatic subsequent debit will be made.
Packing and shipping
Our products are carefully packed in accordance with standard industry practice. For special packaging and for invoice values (after discount deduction) below CHF 400, packaging or shipping charges will be invoiced. Shipment is at the customer’s risk. All risk shall pass to the customer as soon as the goods leave KWC's warehouse or are made available to the customer at KWC's warehouse. Obvious transport damage must be claimed directly from the carrier.
Delivery and delivery times
The agreed deliveries and delivery periods shall be complied with as far as possible, but they shall only be regarded as an approximate indication and are therefore non-binding. If it becomes apparent after conclusion of the contract that the ordered goods cannot be delivered or cannot be delivered in full (e.g. due to proven delivery bottlenecks or delays), KWC shall be entitled to withdraw from the contract or from a part of the contract. If KWC has already received the customer's payment, this will be refunded to the customer. If no payment has been made, the customer shall be released from the obligation to pay. KWC shall not be obliged to make a replacement delivery in the event of termination of the contract. A delay in delivery does not entitle the customer to claim damages or to cancel the order.
Warranty
We guarantee the proper functioning of our products, provided that the assembly has been carried out professionally and in accordance with the purpose of the product. The shapes and dimensions given in our catalogues and brochures are illustrative and may be changed at any time. In the event of proven defects in materials and workmanship, KWC shall have the discretion to uphold its warranty by means of equivalent replacement, repair or refund of the purchase price. Prior consultation with KWC is required for repair services. Shipping costs must be paid by the customer.
We shall not be liable for any further damage resulting from improper handling, excessive use or natural wear and tear. This applies in particular to surface damage caused by abrasive or aggressive cleaning agents incorrectly used for maintenance. For materials not manufactured by us ourselves, we provide a warranty within the framework of the conditions of our sub-suppliers. All warranty claims against KWC shall in any case expire two years after the date of invoice. In the case of production according to the customer's specifications, the customer is fully responsible for ensuring that no intellectual property rights or other rights of third parties are infringed.
Product Liability
With regard to product liability, KWC shall not assume any liability towards the customer that exceeds the warranty described above. The customer undertakes to exclude claims against its customer arising from product liability and other contractual and non-contractual claims to the extent permitted by law and also valid for KWC. The customer shall notify KWC without delay of all claims which a customer bases or which a customer could base on product liability. The customer is prohibited from accepting any liability arising from product liability without prior consultation with KWC.
Disclaimer
KWC shall only be liable on whatever legal grounds (contractual, non-contractual or for auxiliary persons) for gross negligence, unlawful intent or in the case of product liability. Any further liability is excluded.
Complaints
Complaints about the weight, number of items or condition of the goods delivered must be made within 8 days of receipt of the consignment. Any defects in the quality of the delivered goods that occur later, but before the expiry of the limitation period, must be reported within 8 days of the discovery of the damage. In both cases, the notice of defects must be sent by registered letter to the address given on our website in the imprint. Notices of defects do not entitle the customer to withhold or reduce invoice amounts.
Returns
Returns that are not due to incorrect delivery on our part require prior consultation with us. It is assumed that the returned goods are in perfect condition and in their original packaging. We shall charge the customer at least 30 % of the invoice amount to cover return expenses. Goods returned without our consent shall be returned to the sender and shall be deemed not to have been accepted.
Retention of title
The delivered goods remain the property of KWC until they have been paid for in full. However, the customer may resell the goods in the ordinary course of business. They hereby assign their claims from the resale of the reserved goods to KWC. If further arrangements (e.g. entry in the register or written individual assignments) are required for the legally valid establishment of the retention of title or for the assignment of the claims, the customer undertakes, vis-à-vis KWC, to make the necessary arrangements at the first request of KWC. For a possible entry in the property register, the client hereby gives his permission for the application and the entry. Samples and drawings remain the property of KWC, even if the customer bears all or part of the costs for them.
Jurisdiction and applicable law
The place of jurisdiction for both parties is CH-5726 Unterkulm. For consumer contracts, the mandatory statutory places of jurisdiction remain reserved.
The contractual relationship is subject to Swiss law.
The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded. These General Terms and Conditions of Sale and Delivery may be unilaterally amended by KWC at any time without consultation with the customer.
Unterkulm, September 2022
This Limited Warranty is effective for all KWC products sold after January 1, 2022.
WHAT IS THE SCOPE OF THIS LIMITED WARANTY?
KWC Group AG (known as “KWC”) provides a limited warranty as set forth herein (this “Limited Warranty”) to the original purchaser of KWC products installed in a residential setting. This Limited Warranty does not apply to products purchased for or used in commercial settings nor to KWC products resold or otherwise transferred by the original purchaser. KWC products must at all times be used in full compliance with the directions for use, which can be found in the Installation and Service Instructions which are provided with the product.
Subject to contrary state regulations, since KWC cannot control the quality of products sold by unauthorized sellers, this Limited Warranty only applies to KWC products which were purchased from KWC or an authorized seller of KWC products. KWC reserves the right to reject warranty claims from purchasers for products purchased from unauthorized sellers, including unauthorized Internet sites. Furthermore, this Limited Warranty does not apply to KWC products sold for display purposes.
This Limited Warranty is only applicable in case the KWC product was purchased and installed in the United States of America or Puerto Rico.
WHAT LIMITED WARANTY IS PROVIDED?
1) Mechanical Warranty:
KWC warrants for the lifetime of a KWC product that its mechanical parts are free from manufacturing defects in materials and workmanship under normal use for as long as the original purchaser owns their home.
2) Electronic Faucets, Valves, Controls, Spray Heads, Cartridges, and Hoses Warranty:
KWC warrants for a period of five (5) years from the date of purchase of the KWC product by the original purchaser that the product’s electronic faucets, valves, controls, spray heads, cartridges, and hoses are free from manufacturing defects in material and workmanship under normal use.
3) Finish Warranty:
KWC warrants for the lifetime of a KWC product that its finishes are free from defects in materials and workmanship under normal use for as long as the original purchaser owns their home.
In case of an alleged product defect, KWC will decide, in its sole discretion, in which of the three categories above, if any, the alleged defect might fall.
WHAT IS EXCLUDED FROM THIS LIMITED WARRANTY?
The following conditions are excluded from this Limited Warranty:
A) Conditions, malfunctions or damage resulting from normal wear and tear.
B) Conditions, malfunctions or damage not resulting from defects in material or workmanship.
C) Conditions, malfunctions or damage resulting from the outdoor use of a KWC product.
D) Conditions, malfunctions or damage resulting from:
a. improper installation, improper maintenance, use not compliant with the directions for use which can be found in the Installation and Service Instructions which are provided with the product, misuse, abuse, negligence, accident or alteration; or
b. the use of abrasive, caustic cleaning agents or “no-rinse” cleaning products (see our cleaning instructions at:
https://stpkwcprodaks01.blob.core.windows.net/public/assets/ch_ch_documents/Clean%26Care_22.pdf ); or
c. conditions in the home such as excessive water pressure or corrosion.
WHAT OTHER LIMITATIONS APPLY?
The following materials and expenses are not covered by this Limited Warranty:
A) Accessories, connected materials and products, or related products not manufactured by KWC.
B) Filters, coolers and heater parts and accessories.
C) Labor and other expenses and costs for disconnection, de-installation, or return of the product for warranty service (including but not limited to proper packaging and shipping costs), or for installation or re-installation of the product.
ARE OTHER WARRANTIES EXCLUDED?
TO THE EXTENT NOT PROHIBITED BY FEDERAL OR STATE LAW, THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS LIMITED WARRANTY AND TO THE EXTENT NOT PROHIBITED BY FEDERAL OR STATE LAW, KWC DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WARRANTIES OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, EXCEPT FOR THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FOR WHICH KWC LIMITS THE DURATION AND REMEDIES TO THE DURATION OF THE EXPRESS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO ALL KWC CUSTOMERS.
THE REMEDIES UNDER THIS LIMITED WARRANTY ARE KWC CUSTOMERS’ SOLE AND EXCLUSIVE REMEDIES AND KWC’S ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. KWC CUSTOMERS MAY HAVE OTHER RIGHTS APART FROM THE SPECIFIC LEGAL RIGHTS SET FORTH HEREIN, WHICH VARY FROM STATE TO STATE.
WHAT WILL KWC DO IN CASE OF A WARRANTY CLAIM?
KWC will, in its own discretion, repair or replace any part or finish that proves to be defective in material and/or workmanship. Replaced or repaired products or parts are warranted only for the period remaining under the initial warranty period at the time of replacement.
WHAT IS NECESSARY TO CLAIM WARRANTY?
The following is required in order to file a warranty claim: proof of purchase, the date on which the KWC product was purchased and the date on which the KWC product was installed.
HOW CAN A CUSTOMER FILE A WARRANTY CLAIM?
If you are an original purchaser of a KWC product and believe you have a warranty claim, please contact KWC, either through an authorized KWC dealer or re-seller, or by contacting us or our service partner depending on your location.
Please be sure to provide all pertinent information regarding your claim, including proof of purchase (copy of the original receipt, purchase order or invoice), a complete description of the problem, the product, model number, color, finish, purchase date, installation date, and from whom the product was purchased.
KWC will use commercially reasonable efforts to process warranty claims between seven and fourteen business days.
ARE INDIRECT DAMAGES COVERED BY THIS LIMITED WARRANTY?
UNDER NO CIRCUMSTANCES SHALL KWC BE LIABLE TO ANY CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF ANY BREACH OF THIS LIMITED WARRANTY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER KWC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES SHALL KWC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY EXCEED THE TOTAL AMOUNT PAID BY A KWC CUSTOMER FOR THE KWC PRODUCT THAT GAVE RISE TO THE CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL KWC CUSTOMERS.
Contact e-mail kwc-service.us@kwc.com