- Our Limited Product Guarantee
Subject to the terms as set forth within this warranty and our Terms and Conditions for respectively Consumers (the “B2C Terms”) and Business Customers (the “B2C Terms”), Francone Ltd, a company registered in England and Wales under number 07784873 whose registered office is at The White House, Mill Road, Goring, Reading, RG8 9DD and whose trading address is 24-26 East Street, East Vie Place, Reading, RG1 4AW (“Francone” or “us” or “we”) guarantees
- that from the date of delivery, goods sold by us (the “Goods”) will be free from defects in materials and workmanship when correctly installed and used in accordance with the instructions provided for the Goods; and
- that during the Applicable Period as indicated herein we will repair or replace at our discretion, free of charge, any part of the Goods that proves defective under normal installation and use.
- Applicable Periods
The Applicable Period for the Goods which are off-the-shelves products are as follows:
For Valves and Cartridges
5 year guarantee
For Mechanical Parts
2 year guarantee
Unlacquered finishes are not eligible for warranty or return
The Applicable Period for the Goods which are bespoke and/or made to order (“Bespoke Products”) are as indicated in the offer and/or order confirmation and/or delivery notice provided for the Bespoke Products.
- Preconditions for Our Guarantee
It is the responsibility of the purchasers of the Goods to ensure that
- The Goods are not damaged prior to installation;
- They are happy with their purchase;
- The Goods have all of its components;
- Required maintenance of the Goods is performed.
- Limitations on Warranty
Our Guarantee does not apply to any defects in the Goods in the following circumstances:
- If the Goods were not properly installed, cared for, maintained or repaired, in accordance with the instructions provided for the Goods, current public regulations including but not limited to water regulations and best craftsmanship including but not limited to plumbing practice.
- If the Goods do not have isolation valves, or the Goods are not wholly accessible.
- If the Goods are defective out of the box – in this instance the product must be returned to place of purchase.
- If the Goods are not installed/removed correctly.
- If the defects are attributable to incorrect operation or incorrect handling of the Goods.
- If the defects occur due to missing or incorrect maintenance.
- If spare parts other than original spare parts are used during repairs or maintenance of the Goods.
- If the defects were caused by transport or installation of the Goods.
- If the surface of the Goods has been scratched.
- If the Goods are display or ex-display products, or second hand products.
- If consumables (such as filters, filter cartridges, aerators or batteries) or material subject to wear and tear (such as seals) forming part of the Goods are affected.
- If the defects were caused by a breakage of fragile parts.
- If the defects occur due to aggressive environmental influences (such as chemicals, cleaning agents), residuals in the water, lime scale or disruptions due to ice and/or lime.
- If the defects are caused by specific environmental circumstances (e.g. excess or negative pressure in the line, excess voltage or under-voltage on the line).
- If the defects are attributable to wilful or negligent damage to the products by the end customer or a third party.
- If the Goods were purchased on auction sites, either consumer to consumer or as second hand items.
- If missing parts or product defects are not reported to us within 14 days of purchase (subject to clause 7).
- If the purchasers of the Goods fail to pay any outstanding invoices for non-warranty calls.
- If the Goods have been damaged after delivery to the purchaser.
Our Guarantee does not cover the following:
- Additional costs incurred by the purchasers of the Goods, i.e, loss of earnings due to time taken off of work, cost of phone calls, etc..
- Consumers’ Statutory Rights
Our Guarantee exists in addition to other legal rights applicable for consumers. Nothing in the terms as set forth within this Warranty is intended to limit consumers’ statutory rights according to any applicable UK consumer protection regulation. More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
- Proof of Purchase
For claims under Our Guarantee valid Proof of Purchase as herein defined is required. A valid Proof of Purchase is defined as one of the following:
- A dated invoice for the Goods from Francone Ltd. The receipt must show the product description and price of the relevant Goods; or
- A dated official e-mail from Francone Ltd confirming purchase and shipment of the Goods. The confirmation e-mail must show the product description and price.
- Bespoke Products
Bespoke Products are made to the directions including but not limited to measures, specifications and requirements provided by the purchaser or taken on behalf of and at the risk of the purchaser (“Customer Specifications”). We produce Bespoke Products on the basis of Customer Specifications and we do not accept any liability for or returns of Bespoke Products based on or relating to any variations or inaccuracies of the Customer Specifications.
It is particularly important that Bespoke Products are transported, stored, installed and maintained correctly fully in accordance with the instructions provided by us for the Bespoke Products and by any providers of parts forming part of Bespoke Products.
Passing of risk for Bespoke Products takes place at the time the Goods are handed over to a third-party shipping provider or to the purchaser of the Goods, whichever is occurring first. For damages to the Bespoke Products which have occurred during transportation by a third-party shipping provider the purchaser of the Bespoke Products will have to make a claim under the warranty and/or insurance of the third-party shipping provider, and Our Guarantee will not apply.
Any defects in Bespoke Products must be reported to us without undue delay and in any case within 5 days of delivery.
- Remedies under this Limited Guarantee.
If an eligible claim on the Limited Guarantee is received by Francone Ltd within the Applicable Period, we will (at our sole discretion) either: (a) repair the defective Goods or the defective parts at no charge, using new or refurbished replacement parts; (b) exchange the defective Goods with Goods that are new or which have been manufactured from new or serviceable used parts and are at least functionally equivalent to the original Goods. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the Goods.
Francone Ltd reserves the sole right to determine whether a claim is eligible and/or whether Goods are defective. If any claim under Our Guarantee is assessed as being fraudulent or does not meet the eligibility criteria, Francone Ltd reserves the right to charge the customer a fixed service fee of £100 + VAT.
Repaired or exchanged Products shall be warranted free from defects for a period of ninety (90) days after date of repair or exchange (as the case may be), or for the remainder of the original Applicable Period, whichever is longer.
- Entire Limited Guarantee.
ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE APPLICABLE PERIOD. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED GUARANTEE OF NON-INFRINGEMENT, ARE DISCLAIMED. Some jurisdictions do not allow limitations on how long an implied guarantee lasts, so the above limitation may not apply to all customers. Our Guarantee gives the customer specific legal rights, and the customer may also have other legal rights which may vary by status and/or jurisdiction of the customer.
- Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL FRANCONE LTD BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (OTHER THAN PERSONAL INJURY DAMAGES), HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE GOODS, EVEN IF FRANCONE LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FRANCONE LTD’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE RELEVANT GOODS. The foregoing limitations will apply even if Our Guarantee or remedy provided under this Warranty fails of its essential purpose. Francone Ltd reserves the right to amend the terms of this warranty and Our Guarantee at any time without notice.
Last updated: 1st January 2021