General Terms & Conditions – Orin Warranty

General Terms and Conditions of the Warranty in respect of Orin sanitaryware of smart home technology including water closets, faucets, basins, bathtubs, and other bathroom accessories

1. Warranty
   1. Subject to the terms and conditions herein, Niro Ceramic Sales & Services Sdn Bhd (Company No.: 199201016212 (247716-T) (“NCSS”) or Home Creative Lab Sdn Bhd (Company No.: 201801020672 (1282691-K) (“Creative Lab”), as the case may be, warrants to the purchaser or assignee (“Purchaser”) that the sanitaryware supplied under Orin brand (“Products”) (“Warranty”) are: –
      1. free of any manufacturing defects, i.e. defects in material and workmanship; and
      2. manufactured in accordance with the following standards:-                                                                                                                                                  (a) MS 1522: Vitreous China Water Closet Pan;
         (b) MS 2578: Ceramic Wash Basins;
         (c) MS 795-1: Water Closet Flushing Cistern Part 1;
         (d) MS 795-2: Water Closet Flushing Cistern Part 2 – Inlet Valves;
         (e) MS 795-3: Water Closet Flushing Cistern Part 3 – Flushing Devices;
         (f) MS 147: Specifications for quality of Vitreous China and Fireclay Sanitary Appliances;
         (g) MS 1799: Urinals.
2. Subject to Article 2, the Products shall be free from manufacturing defects in accordance with Article 1.1 during the applicable warranty periods as stipulated below commencing from the date of the invoice (“Warranty Period”): –

1. This Warranty is only applicable: –
   1. to the Products purchased from or replaced by NCSS or Creative Lab as particularised in the invoice; and
   2. where the Purchaser has activated the Warranty in accordance to Article 2 below.
2. This Warranty is transferrable. The Purchaser agrees to complete any documentation that may be required by NCSS or Creative Lab, as the case may be, in order to effect the assignment of the Warranty in favour of the assignee and to pay any cost, if required, to assign or transfer any such warranty.

• Activation of Warranty
  1. To activate or validate the Warranty, the Purchaser must within 14 days from the purchase date or replacement date of the Products shall as set out in the invoice: –
     1. complete the warranty registration form in respect of the Products on www.nirogranite.com/orin-warranty (for products purchased from dealers) or www.creativelab.com/orin-warranty (for products purchased from Creative Lab); and
     2. submit a scan copy of the invoice together with proof of payment evidencing the purchase of the Products; or
     3. submit a scan copy of the delivery order evidencing the purchase of the Products.
• Exclusions
  1. This Warranty does not apply to, extend or in any way cover: –
     1. variations in shade and size between the sample and the Products. This includes different batches of the Products due to the manufacturing process;
     2. damage caused from insufficient water pressure, contamination of water, fluctuations in voltage / power supply or contributed by poor, faulty or incorrect use, installation or maintenance of the Products;
     3. gloss reduction, scratching or staining of the finish over time due to water impurities or atmospheric conditions;
     4. damage or colour deterioration caused or contributed to as a result of normal wear or tear;
     5. any modification or alteration made to the Products;
     6. damage caused by the use of improper cleaning agents or products which contains acid or harsh chemicals, abrasive materials i.e. ammonia, bleach, bath salts, wax, alcohol or solvents which are unsuitable for cleaning;
     7. damages arising from usage of improper or unsuitable cleaning methods. Please refer to our Cleaning Guide to find out the suitable way to maintain the Products https://nirogranite.com/blog/ultimate-guide-to-maintaining-your-sanitaryware;
     8. infrequent or negligible cleaning or maintenance of Products;
     9. damage arising from causes other than normal use and weather conditions, including (without limitation) Acts of God, fire, explosion, contact with corrosive matter, vandalism, sabotage, improper storage following delivery, rot / infestation following delivery, leaks (or similar incidents);
     10. damage arising from any negligent act or omission of any person other than employees of NCSS or Creative Lab;
     11. damage caused or contributed to alterations or repairs of the Products other than the employees of NCSS or Creative Lab;
     12. damage caused or contributed by the removal of the Products from the initial installation;
     13. installation or fabrication works of the defective Products and any any reimbursement for the costs of installation or fabrication works;
     14. defects or damages reported after the expiry of the applicable Warranty Period.
  2. This Warranty applies only to the Products supplied and does not extend to the services, assistance or information provided by NCSS or Creative Lab or its employees or appointed agents in relation to the selection of the Products made available or otherwise.
• Claim
  1. The Purchaser may make a claim in writing under this Warranty during the Warranty Period in the event there is a manufacturing defect to the Products purchased (“Claim”) provided that the Claim is made within seven (7) days of the manufacturing defect becoming apparent. The Purchaser in submitting the Claim is required to particularise the manufacturing defect to the purchased Products together with satisfactory evidence of such defect. The Claim is to be submitted and/or lodged on nirogranite.com & creativelab.com.
  2. If a Claim has been accepted by NCSS or Creative Lab, as the case may be, the Purchaser shall grant NCSS or Creative Lab or any agent of NCSS or Creative Lab reasonable access to the site where the Products have been fixed / fitted / installed (“Installation Site”) to undertake the following before commencement of any remedial work: –
     1. inspect the Products installed at the Installation Site; and
     2. to witness and inspect the procedure to install the Products at the Installation Site.
  3. If the Purchaser fails to allow NCSS or Creative Lab or any of its appointed agent (e.g. technical supervisor) to inspect the Products which is subjected to the Warranty, the Warranty in respect of that Claim shall be invalidated.
  4. Upon completion of inspection of the Products, NCSS or Creative Lab will at its sole discretion reinstall or replace any of the Products which are defective within a reasonable time.
  5. Any labour costs (excluding travel costs) for the reinstallation or replacement works pursuant to the Warranty shall be borne by the Purchaser provided always such costs are authorised in writing by NCSS or Creative Lab prior to the commencement of any such work.
  6. Reinstallation or replacement works will be scheduled and performed within normal working hours and the timing for such reinstallation or replacement works may depend on the availability of the replacement components or Products.
  7. In the event the Products purchased is not available for any reinstallation or replacement under the Warranty or has been discontinued, then NCSS or Creative Lab shall be entitled to substitute the Product with an available similar value.
• Limitation of Liability
  1. Creative Lab shall not be liable to the Purchaser or any other person for any loss of profits (if applicable), consequential, indirect or special loss, damage or injury of any kind however caused (including negligence) arising directly or indirectly from or in connection with the Products and/or any defective Products.
  2. In the event a Claim has been submitted pursuant to Article 4 above, the maximum liability of Creative Lab to the Purchaser is limited to the cost of the defective Products.
  3. Except as expressly set out in this Warranty and the terms and conditions as stipulated in the invoice, the terms of this Warranty shall be entire and final and supersedes any prior agreements or communications between the parties, whether written, oral, electronic or otherwise.
• Governing Law
  1. This Warranty is subject to the jurisdiction of the courts of Malaysia and any dispute or claim arising out of, or in connection with it or its subject matter, shall be governed by, or construed in accordance to Malaysian law.