Subject always to the conditions in this guarantee, Viva Sanitary warrants to its customers that the toilet cistern fittings provided by us (including Float Valves, Flush Vales and Toilet Cisterns) shall be free from defects in material and workmanship for a period of ten years from the date of the original purchase.
Repair or Replacement under this Warranty
Subject to section 3 below, we shall, at our option, at no cost to the customer, repair, replace or refund the product (in whole or in part as applicable) so long as:
- The customer gives notice in writing to Viva Sanitary within a reasonable time of discovery that a product covered by the warranty is defective;
- Viva Sanitary is given a reasonable opportunity of examining the product in question; and
- the customer (if asked to do so by us) returns such product to Viva Sanitary at the customer’s cost.
In our sole discretion, Viva Sanitary may elect to replace a product with a product of the same or better specification.
The terms of this warranty shall apply to any repaired or replacement products supplied by us for the remainder of the warranty period.
Limits to this Warranty
Viva Sanitary shall not be liable for a defect in a product where:
- the customer makes any further use of the product after giving the notice required above;
- the defect arises because the customer or a third party failed to follow Viva Sanitary’s oral or written instructions as to the storage, commissioning, installation, use and maintenance of the product or adherence to good trade practice regarding the same;
- the customer or a third party (whether or not authorised by the Customer) undertakes or attempts to undertake any disassembly, alteration or repair to such product without our prior written consent;
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;
- the defect arises due to an act of God (such as, but not limited to, a flood or fire); or
- the defect arises as a result of use of in cistern toilet bowl cleaners containing bleach or chlorine.
Viva Sanitary shall under no circumstances whatsoever be liable to the customer under this 10 Year Warranty for any loss of income, loss of profit or any indirect or consequential loss howsoever arising (including costs of dismantling, installation or water damage).
Unless the customer is a consumer, in accepting the 10 Year Warranty, the customer agrees that the implied terms relating to quality and fitness for purpose implied by law are, to the fullest extent permitted by law, excluded from the contract between Viva Sanitary and the customer.
This 10 Year Warranty shall be governed by and construed in accordance with English Law and subject to the exclusive jurisdiction of the English Courts.
