Warranty:  1 Year (parts and labour)

Siemens & Bosch Warranty Terms and Conditions:

Definitions & Interpretation VW:

• Unless such meaning is inconsistent with the context, the following terms shall, throughout the BSH Warranty, have the meanings respectively ascribed to them, namely:
  – Authorized Service Personnel means the staff authorized by BSH, who have been sufficiently trained to repair the Products and are appointed and/or accredited as such by BSH from time to time
  – Authorised Service Centre means the place of repair as appointed and/or approved by BSH from time to time;
  -BSH means BSH Home Appliances (Pty) Ltd (Registration number:  1985/05742/07);
  – BSH warranty means this agreement and any annexures, schedules, and or amendments thereto;
  – Commencement Date means the date upon which the Customer purchases that Product(s);
  – CPA means the Consumer Protection Act, 86 of 2008 (as amended);
  – Customer means the person who purchases BSH’s Product(s) from a reseller and/or distributor, who is authorized by BSH or any of its related companies to do so;
  – Extended Warranty Period means the defined time period in which certain products have an extended warranty for purposes of this BSH Warranty, as set out in clause 7 below;
  – Product(s) means the products of BSH, which form part of the subject matter of this BSH warranty;
  – Standard Warranty Period is the period in which this BSH Warranty applies, and which differs depending upon the type of Product specified in clause 7 as read with Appendix 1 hereto.
• In this BSH Warranty unless the context otherwise requires –
  – The singular shall import and include the plural and vice versa;
  – Words indicating natural persons shall import and include juristic persons;
  – Clause headings are for reference only and do not affect interpretation;
  – Where any number of days is prescribed in the BSH Warranty, they shall be calculated exclusive of the first day and inclusive of the last day unless the last day falls on a Saturday, Sunday or public holiday.  On such day the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday;
  – The rule of construction that this BSH Warranty shall be interpreted against the party responsible for the drafting or preparation of this BSH Warranty shall not apply.  The same applies to the schedules or annexures.
• This BSH Warranty constitutes the whole agreement between BSH and the Customer as to the subject matter hereof and no agreements, representations or warranties between BSH and the Customer other than those set out herein are binding on BSH and the Customer.
• No addition to or variation, consensual cancellation or novation of this BSH Warranty and no waiver of any right arising from this BSH warranty or its breach or termination shall be of any force or effect unless reduced to writing and signed by SDH and the Customer or their duly authorised representatives.
• This BSH Warranty shall be governed by the laws of the Republic of South, and accordingly, any dispute concerning the validity, existence, interpretation, rectification, breach or termination, shall be determined according to the laws of the Republic of South Africa.

2.  Consumers Protection Act 68 of 2008

• If the CPA is applicable, the provisions of the CPA will be applied and take precedence where they contradict any provision of this BSH Warranty.
• Nothing in this BSH Warranty is intended to or must restrict, limit or avoid any rights or obligations, as the case may be, created for either BSH or the Customer in terms of the CPA.

3.  General

• The BSH Warranty is confined only to the first purchase of the Product(s) and shall not be transferable to any subsequent purchase thereof.
• It is hereby brought to the attention of the customer that all products, which are subject to an extended warranty period require that such warranty be activated on BSH’s online portal.  These products are clearly defined in Appendix 2, as attached hereto.
• The BSH Warranty period (both Standard Warranty Period and Extended Warranty Period) starts from the commencement date.
• The BSH Warranty covers only manufacturing defect(s) in material and workmanship that may arise from the normal operation and usage of the Products, as prescribed in the operating manual of each respective Product.  The customer specifically acknowledges that no warranty coverage shall exist in instances where the Product is stored, operated and/or utilised out of specification.  This will include (but not be limited to) any type of pest, rodents and/or insect infestation.
• Repairs, installations and removal of the products shall only be carried out by Authorized Service Personnel, failing which this BSH Warranty shall be void.
• Repairs and replacements of parts shall be at the discretion of the Authorised Service Personnel only.  BSH’s obligation under this BSH Warranty shall be limited to repair and providing replacement of defective parts only.  It is hereby clarified that after the Standard Warranty Period, visiting charges will be applicable for all visits and the same will be borne by the Customer.  In the event that the product(s) needs to be transported to the Authorised Service Centre for repair during the Extended Warranty Period, the transportation charges from and to the place of installation shall be solely borne by the Customer.
• The customer shall provide a reasonable, sufficient and safe working space to access the Products for the required service.  The Customer is liable to move away ll blocking objects or move the Products to an appropriate location with electricity/gas/ water supply and drainage for testing the products.
• In the event that repair cannot be completed at the Customer’s premises, the company reserves the right to remove the Products from the Customer’s premises and to take them to its Authorised Service Centre and BSH shall return the same after repair.
• In the event that the products are installed beyond municipal limits of the jurisdiction of BSH’s Authorised Service Centre, all expenses incurred in the transportation of the products or parts thereof from and to BSH’s Authorised Service Centre, as well as expenses incurred on deputing of service personnel/technician towards conveyance and other incidental expenses, will be borne by the Customer.
• Any repairs to the Products and/or the replacement of any spare part, shall only be warranted for the remaining Warranty Period.

4.  Representation and Warranties

• As from the commencement date hereof, BSH warrants that the Products supplied in terms of the agreement shall be of BSH’s standard quality and are reasonably suitable for the purpose for which they are generally intended.  In the event that defects are discovered in the products supplied (that were present at the Commencement Date), SSH shall within its own discretion either remedy the defect or supply defect-free replacement products.
• All products sold by BSH shall not be sold as “fit for any specific purpose” unless so agreed upon in writing.
• The customer bears the burden of proof that such defects were in fact present at the commencement date.  In this regard, the notification requirements referred to in clause 5.1 shall be prima facie proof as to whether the products were defective at the commencement date.
• Should defects be found without the required notification in terms of clause 5.1, the customer shall bear the burden of proof to show that the defects were caused as a result of use for the designated purpose and that the products were utilised/operated as per the operating instructions and/or manual.
• BSH makes no other warranty of any kind, express or implied, including without limitation, any warranty of merchantability, or non-infringement.  BSH specifically makes no warranties as to any service or as to compliance with laws, regulations, standards and/or conventions including any related to the environment or to the packaging, labelling and/or transport of hazardous products.  No Warranty shall apply to shipping damage, damage caused by improper installation, Products that have been modified or altered in any way, damage caused by corrosion, abrasion, or server temperatures, or products that have been subjected to improper maintenance, abuse, misuse, abnormal usage, storage, insect, pest and/or rodent damage, or accident.
• The customer warrants that he/she shall fully comply with all label directions for the handling, storage, possession or use of the products hereunder and the customer agrees that he/she shall indemnify and hold BSH harmless from all claims (including, without limitation, attorneys’ fees) of personal injury or property damage resulting from any negligence, recklessness or wilful misconduct on the part of the customer or from any failure of the customer to comply with terms of this BSH warranty.
• Specifications, illustrations and the like remain the property of BSH and may only be used for the purpose specified in the agreement and must be returned upon the request of BSH.
• No liability for damages will be attributed to BSH Resulting from unsuitable or improper use, improper assembly and improper commissioning or handling by the customer or by third parties, normal wear and tear or premature erosion due to the nature of the material or the nature of its use, improper or negligent handling or storage, improper maintenance, defective construction works, unsuitable building ground. exposure to the elements, damage caused by insects or similar pests, chemical, electro-chemical or electrical influences unless BSH is responsible for such influences.
• Products purchased are only eligible for warranty service and coverage in the country where it is purchased – Not in other countries and regions.

5. Return of Products

• The preconditions of the warranty rights (claims based on defects) of the customer in terms of this BSH Warranty is that the customer inspects the products upon receipt without undue delay and gives written notice of any visible defects after the inspection, specifying the defect, notification, must be given to BSH’s Call Centre within a period of 3 Business days of delivery.
• A precondition of the warranty rights (claims based on defects) of the customer in terms of this BSH warranty is that the customer notifies BSH within 3 days of the discovery of any latent (hidden) defects of the products.
• In the event that the customer complies with clauses 5.1 and 5.2 above, and BSH is satisfied that the products are defective or do not conform to the specification or other description of the products on the invoice, the BSH shall, at BSH’s sole election, replace such products or repair such defective parts of the products.
• Except insofar as any statute provides to the contrary the undertakings contained in the preceding paragraphs of this clause are given in lieu of and to the exclusion of all conditions, warranties and representations whether express or implied by statute or otherwise as to the quality of the products or their fitness for any particular purpose or otherwise and BSH shall have no liability in respect of the products save as provided in clause 5.3
• To enable BSH to perform all rework and replace all parts BSH deems necessary, the customer, upon consultation with bS, shall allow enough time and afford the sufficient opportunity to BSH to remedy the defects.  Should the customer fail to do so, BSH shall be released from any liability or consequences arising therefrom.  Only in urgent cases involving endangering the operational safety and/or preventing unreasonably serious damage – in which case the customer shall notify BSH immediately – shall the customer be entitled to either remedy to defect itself or have such defect remedied by third parties and to demand compensation from BSH for the expenses incurred
• Should there be an allegation that any products are unsafe, insufficient and/or defective; BSH shall not be liable for any harm caused where such alleged unsafe characteristic, failure, defect or hazard did not exist in the products at the time at which they were supplied to the customer by BSH.  Therefore if no such notification is received in terms of clause 5.1 above, it will be regarded as prima facie proof that no defects were present at the commencement date and that the products were received in good order.
• The customer may not however return to BSH any products for any reason whatsoever unless:
  – The Customer and BSH have agreed thereto in writing to such return and to the conditions of such return
  – The products are being returned in accordance with the provisions of clause 5.1 above
  – The products were intended to satisfy a particular purpose communicated to BSH prior to the purchase thereof and have been found not to satisfy the purpose for which they intended, within 7 days of delivery and BSH has been notified of this within that time period.
  – The customer was not permitted to inspect the products upon delivery thereof; or
  – The customer is exercising its right to cool-off terms of section 16 of the Consumer Protection Act 68 of 2008 as amended.

6.  Force Majeure

BSH shall be under no obligation or deemed to be in default for any delay or failure in performance resulting from causes beyond its reasonable control (e.g strikes, floods, earthquakes etc.), such as events, which may cause or attribute to a delay in servicing due to non-availability of spare parts and/or accessories.

Non-Applicability of Warranty

• The BSH Warranty does not cover any consequential or resulting liability, damage or loss to property or life arising directly or indirectly as a result of product failure, breakdown, accident or usage of the products not in accordance with the operating manual.
• The BSH Warranty does not apply if the products have been subjected to improper use such as operated on a trolley other than the one, if any provided by BSH, misused, not cared for, abnormal use, exposure to dampness, excessive heat, excessive humidity, pests and other extreme environmental conditions, corrosion, damage beyond repair, rusting, unauthorised modifications, unauthorised repairs, neglect, accident, alteration, acts of God, spillage of liquid or food particles, faulty electric wiring/cabling, abnormal voltage/power supply beyond Products specifications, specifically in instances where the damage/breakage/non-functioning of products is caused by rodents, rats, cockroaches and ants etc.
• The BSH Warranty does not cover consumables, normal wear & tear parts, plastic, glass and/or rubber parts, non-operational parts and related accessories.
• The BSH Warranty does not include preventive checks, routine maintenance, cleaning, de-scaling and overhaul.
• If the products are/are used by a commercial establishment or by an individual for commercial purposes.
• If the serial number of the products is/are removed, altered, made illegible/tampered with.
• If incorrect/non-suitable detergents are used for laundry products and dishwashers.
• If repair work is carried out by persons other than Authorised Service Personnel.
• Damage to the products or any parts due to transportation, lifting, or shifting or arising out of improper storage of the products at the customers’ premises.