NORTH
AMERICA
Noken Design, S.A. ("NOKEN") hereby warrants to the original buyer ("Buyer") that the mirrors and furniture sold by Noken in the United States of America
Canada and Mexico under the Noken brand on or after January 1, 2017 ("Products") will be reasonably free of defects in materials and workmanship upon
delivery and, when properly handled and installed, will conform to applicable manufacturing specifications.
Commercial Warranty
In the event that any Product sold for installation in a commercial setting or sold to a contractor or other commercial Buyer for installation in a residential
setting are found to be defective, NOKEN will, at its sole option, repair, replace or adjust the defective Products (or affected components), provided that the
Buyer has given written notice of defect to NOKEN within twenty-four (24) months of the original purchase date together with proof of purchase (original
sales receipt).
For electronic and electrical components the warranty period will be twelve (12) months of the original purchase date.
This warranty excludes any labor charges, installation, or other consequential losses or incidental damages. This warranty is also subject to the limitations
set out below under "Other Warranty Information" and to those set forth in any applicable terms and conditions of sale.
Residential Warranty
In the event that any of the Products sold to a non-commercial Buyer and installed in a residential setting are found to be defective, NOKEN will, at its
sole option, repair, replace or adjust the Products (or affected components) provided that the Buyer has given written notice of defect to NOKEN within 24
months of the original purchase date.
This warranty is subject to (a) NOKEN's receipt of written notice from the Buyer of the alleged failure or defect within the term of warranty, together with
proof of purchase (original sales receipt), and (b) the limitations set out below under "Other Warranty Information" and those set forth in any applicable
terms and conditions of sale.
Other Warranty Information
EXCEPT AS EXPRESSLY SET FORTH ABOVE, NOKEN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING ITS PRODUCTS, AND
HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
Such warranty ("this warranty") shall be void upon the occurrence of any one or more of the following events: (a) defects, damage or failure caused
by the carrier, installer or any other third party; (b) the Products are installed in a way that is contrary to specifications applicable to the Products; (c)
the Products are damaged or malfunction as a result of modifications of any type made to the Products for any reason, or components supplied by the
installer; (d) damage caused by accident, misuse, or careless handling, including, without limitation, in the case of bathtubs lifting unit by plumbing and
abrading finish; (e) damages caused by incorrect operation, or operation in conflict with any written specifications provided by Noken; (f) the Products are
damaged because of lack of proper routine maintenance, or use of abrasive or improper cleaners; (g) defects or damage that could and should have been
discovered, repaired or avoided by proper inspection and testing before installation; (h) the Products are damaged by acts of God, such as storms, floods,
lightning earthquakes and other natural disasters. (i) the Product's installation in a saline, adverse and/or dangerous environment; (j) using seawater, algae
or sludge; (k) The bad quality of water supplies or adverse atmosphere of the place where the Product is installed. (N.B. The use of highly concentrated
chlorine and cleaning products containing chlorine can severely damage the unit's accessories. This damage might lead to leaks and serious problems.)
This warranty does not cover variations in color or shade fidelity between catalogue images and the actual Products, nor does it include labor, transportation,
or other costs incurred in the removal and/or reinstallation of the original Products and/or installation of replacement Products, or any costs incurred in
obtaining access for repair. To the maximum extent permitted by applicable law, Noken expressly excludes from this warranty, and will not pay for, any
consequential losses and incidental damages. This warranty extends only to the Buyer and is not transferable. Under no circumstances shall Noken's
liability exceed the purchase price of the Product.
Any controversy arising from the interpretation and/or application of this certificate of guarantee shall be submitted to the Courts and Tribunals of Vila-Real,
Castellón (SPAIN), except in the event of claims placed by the consumer or user, in which case the following procedures may be adopted:
-Consumer arbitration.
-The Courts and Tribunals corresponding to the consumer and user's address or the place of performance of the obligation.
This certificate, together with the sales invoice, is the only valid warranty provided by Noken for all Products sold from January 1st 2017 onwards; no
modifications thereto will be accepted.
This warranty provides specific legal rights; other rights may apply and vary from state to state. Noken will not be responsible for any statements or
representations made in any form that go beyond, are broader than, or are inconsistent with any authorized literature or written specifications furnished
by Noken. Some states do not allow limitations on how long an implied warranty lasts, or on special, incidental, or consequential damages. As a result,
some of these limitations may not apply to you.
To obtain warranty service, contact Porcelanosa in writing: info@porcelanosa-usa.com. Please visit our website for additional information on Porcelanosa
and its products and services.
13