Legal

HABI Product Warranty

PLEASE NOTE THIS PRODUCT WARRANTY IS AN EXTENDED WARRANTY WHICH IS PROVIDED BY HABI DIRECTLY TO CUSTOMERS. IF YOU ARE PURCHASING AS A CONSUMER, THIS WARRANTY IS IN ADDITION TO YOUR RIGHTS WHEN PURCHASING FROM OUR AUTHORISED RETAILERS OR AN INSTALLER AND NOTHING WITHIN THIS WARRANTY AFFECTS YOUR STATUTORY RIGHTS. IF YOU ARE A CONSUMER, YOU CAN OBTAIN INFORMATION ABOUT YOUR CONSUMER RIGHTS FROM CITIZENS ADVICE OR TRADING STANDARDS.      

PLEASE READ THESE TERMS CAREFULLY, AS THEY EXPLAIN WHO WE ARE, HOW WE WILL PROVIDE THE EXTENDED WARRANTY, HOW YOU CAN MAKE A CLAIM AND THE EXCLUSIONS TO THIS COVER. IF YOU THINK THERE IS A MISTAKE IN THESE TERMS, PLEASE CONTACT US TO DISCUSS.

Your contract for purchase of your HABI product(s) is with our Authorised Retailer (or if you are a consumer it could be with an Installer). We would recommend that you always start by contacting the Authorised Retailer or Installer to discuss your contractual and consumer rights. 

1. Definitions:

“Authorised Retailers” means any retailer who we have appointed to re-sell the Goods on behalf of HABI from time to time within the UK.

“Customer” – means the person, company, firm or supplier who purchases the Goods from our Authorised Retailer or from an installer, and whether purchasing during the course of its business or as a consumer.

“Goods” – means all HABI goods which have been supplied to the Customer by an Authorised Retailer or Installer to which this manufacturer Warranty relates.

“HABI” – means SALUS Controls PLC (registered in England and Wales with company number 05057362) whose registered office address is at Units 8-10 Northfield Business Park, Forge Way, Parkgate, Rotherham, United Kingdom, S60 1SD.

“Installer” – means a professional heating engineer, electrician or other personal with the professional qualifications to install the Goods.

“Warranty” – means the warranty set out in these clauses, which is given in addition to any rights you have under the law and in respect of your warranty from our Authorised Retailer or your installer.

“Warranty Period” – means the period of five (5) years from: (i) delivery of the Goods if you are business customer or have purchased the Goods directly from the Authorised Retailer as a consumer, or (ii) if you are a consumer using an Installer, five (5) years from the date of installation. 

2. Product Warranty

Subject to paragraph 4, HABI warrants that for the Warranty Period the Goods shall:

• Conform in all material respects with their description; and
• Be free from material defects in manufacture, design, material and workmanship;
• Be of satisfactory quality (if you are a business this means as within the meaning of the Sale of Goods Act 1979); and
• Be fit for any purpose held out by HABI.

Subject to paragraph 4, if:

• The Customer gives notice to us (as per paragraph 4) during the Warranty Period and within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in this paragraph 2;
• HABI is given a reasonable opportunity of examining such Goods; and
• The Customer (when asked to do so by HABI) returns such Goods and proof of purchase, at the Customer’s cost (provided that this cost will be reimbursed if you are purchasing as a consumer and if there is proven to be a warranty defect), to HABI at the following address:

SALUS Controls PLC, Units 8-10, Northfield Business Park, Forge Way, Parkgate, Rotherham, United Kingdom S60 1SD.

3. How to make a claim

Please call us on 01226 244 560 to discuss any potential claim. Alternatively you can email us at support@habismarthome.com, or write to us at SALUS Controls PLC, Units 8-10, Northfield Business Park, Forge Way, Parkgate, Rotherham, United Kingdom S60 1SD.   

We may ask you to provide evidence of any claim within initial correspondence. You will need to provide proof of purchase (being a sales receipt or invoice) and evidence of the date of your installation of the Goods, and you will need to provide us with the serial number of the Goods. 

We may also ask you for photographic/video evidence of the claim. If you are unable to provide the evidence we require at this stage, then we may be unable to accept your warranty claim. HABI shall, where the warranty claim is satisfied, at its option, repair or replace the defective Goods.

4. Warranty Exceptions

The warranty applies to the Goods only, and does not extend to any accessories which are provided with the Goods (for example screws or wall-plugs)

HABI shall not be liable for the Goods’ failure to comply with the warranty set out in paragraph 3 above, in any of the following events:

• the Customer makes any further use of such Goods after giving notice in accordance with paragraph 3;
• the defect does not materially affect the operation or use of the Goods for their intended purpose (for example cosmetic damage, pixelation damage on a display)
• the defect arises because the Customer failed to follow any instructions received from an Authorised Retailer, HABI or an Installer, including any instructions set out in or reference in the documentation provided with the Goods as to the storage, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
• the Customer alters or repairs such Goods without the written consent of HABI;
• the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
• the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

This warranty shall apply to any repaired or replacement Goods supplied by HABI.

This warranty applies to consumers and businesses who are resident in the UK only.

Assignment and transfer of this warranty.

HABI may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under this Warranty.  This does not affect your rights under the warranty, but means that we may transfer the warranty so that you are dealing with a party other than HABI.

This warranty is non-transferable, and applies to the Customer who bought the product from Authorised Retailers. This means that the warranty does not apply where that original Customer has sold the Goods on to someone else. You may not at any time assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights or obligations under this Warranty.

General

We may update this warranty from time to time by uploading an updated version to our website. The warranty which applies to you will be the warranty as was in force at the commencement of your Warranty Period, which will be available to you from our archive.

This warranty and its terms are governed by English law, and all claims are subject to the exclusive jurisdiction of the English courts.