This is a courtesy translation of the Italian original. In the event of any discrepancy, the Italian version shall prevail.

These terms govern the statutory guarantee and the commercial warranty offered by Mario Bongio S.r.l. on its products. For the contractual terms of supply, please refer to the General Terms and Conditions of Sale.

1. Scope of the warranty and beneficiaries

1.1 This warranty applies to original Mario Bongio S.r.l. products (“Products”) purchased from Mario Bongio S.r.l. or from authorised dealers, in all countries where the Products are distributed by Mario Bongio S.r.l. or by its authorised dealers.

1.2 The commercial warranty referred to in Article 3 operates in favour of the purchaser and, for the remaining term, of the end user of the Product, who may enforce it directly against Mario Bongio S.r.l. by producing proof of purchase. Assignment of the warranty for commercial purposes separately from the Product is not permitted.

1.3 The warranty does not apply to Products purchased through unauthorised channels, to products without their original trademarks and identification codes, or to second-hand products, except as provided by law.

2. Statutory guarantee

2.1 Business-to-business purchases (B2B). The guarantee against defects provided for by Articles 1490 et seq. of the Italian Civil Code applies: the Customer must report defects within 8 days of discovery; the action is time-barred 1 year after delivery (Article 1495 of the Italian Civil Code), save for different statutory time limits. For international sales subject to the CISG, Articles 38, 39 and 40 of the Convention apply.

2.2 Sales to consumers (B2C). The 24-month statutory guarantee of conformity from delivery of the goods, provided for by Articles 128 et seq. of the Italian Consumer Code (Legislative Decree 206/2005, as amended by Legislative Decree 170/2021 implementing EU Directive 2019/771), which may not be derogated from to the consumer’s detriment, remains unaffected. The commercial warranty referred to in Article 3 is in addition to that statutory guarantee and does not replace, limit or reduce it.

2.3 The statutory guarantee of conformity is owed to the consumer by the seller from whom the Product was purchased.

3. Bongio commercial warranty (contractual)

3.1 In addition to the statutory guarantee, Bongio offers free of charge a commercial warranty against defects in materials and workmanship, with the following durations, running from the date of delivery (B2B purchases) or from the date of purchase evidenced by a fiscal document (end user):

• chrome finishes: 5 years;
• finishes other than chrome (PVD, brushed, burnished, antiqued, painted and similar): 2 years;
• wear parts and internal components (cartridges, headworks, seals, flexible hoses, aerators, diverters, hand showers): 2 years;
• electronic and electrical components (electronic taps, power supply units, sensors, batteries): 2 years.

3.2 The commercial warranty is provided by the manufacturer Mario Bongio S.r.l., with registered office at Via Aldo Moro 2, 28017 San Maurizio d’Opaglio (NO), Italy, and is valid in the countries indicated in Article 1.1, at no cost to the beneficiary save as provided in Articles 6 and 8.

3.3 Repair or replacement does not extend the duration of the warranty: the terms run in all cases from the delivery or purchase of the original Product.

3.4 In order to benefit from the commercial warranty, the fiscal document evidencing the date of purchase must be produced.

4. Conditions of validity

The warranty applies provided that:

• installation has been carried out to a professional standard, by qualified personnel and in accordance with the installation manual supplied with the Product;
• the instructions for use and maintenance have been complied with, in particular as regards cleaning with pH-neutral detergents only;
• the system complies with the operating parameters set out in the technical documentation, in particular: operating pressure between 1 and 5 bar, with a recommended pressure of 3 bar and a pressure difference between hot and cold water not exceeding 1.5 bar; recommended temperature between 15 and 65 °C; water hardness between 12 and 18 °f, pH between 7 and 8.5;
• a pressure reducer, filters and limescale treatment devices have been installed where necessary, in accordance with the warnings provided;
• no tampering, modification or repair has been carried out using non-original components or by unauthorised personnel.

5. Subject matter of the cover

The warranty covers defects in materials or workmanship that become apparent during normal use of the Product, including casting, porosity, chrome-plating and functional defects attributable to production. Those specifications constitute the benchmark for assessing conformity.

6. Special finishes and colour variations

Finishes other than chrome, and in particular those produced by craft processes (burnished, antiqued, brushed, painted, PVD, brass-based finishes, terra di Toscana finish), may display natural variations in shade and appearance between pieces and between different batches, as well as compared with samples, colour charts, catalogues and images. Such variations, like the natural evolution and patination of living finishes over time, are an intrinsic characteristic of the Product and do not constitute a defect covered by the warranty.

7. Professional use, contract projects and aggressive environments

7.1 The durations referred to in Article 3.1 relate to use in residential settings.

7.2 For Products installed in hospitality, commercial, healthcare, sports or public facilities, or otherwise in high-frequency use, the commercial warranty is 2 years, unless otherwise agreed in writing.

7.3 Products installed in particularly aggressive environments — such as swimming pools, wellness centres, areas with a high concentration of chlorine or disinfectants, marine environments or environments with brackish water — are in all cases excluded from the warranty, unless they have been expressly supplied as suitable for such uses.

8. Exclusions

The warranty does not cover defects or damage arising from:

• incorrect installation or installation not in accordance with the instructions;
• improper use of the Product or use other than for its intended purpose;
• lack of maintenance or incorrect maintenance (limescale deposits; acidic or abrasive detergents, bleach, descalers, hydrochloric, acetic, citric and formic acid, acetone, silver-cleaning substances and aggressive products in general);
• abnormal system conditions (overpressure, water hammer, frost, impurities, debris, ferrous residues or foreign bodies in the pipework, temperatures outside specification; overvoltage and irregularities in the electrical supply for electronic products);
• normal wear and the natural ageing of materials and consumable components;
• damage from transport, impacts, accidents, weather events or force majeure;
• routine maintenance operations (cleaning filters and aerators, removing limescale from hand showers and shower heads, cleaning cartridges and headworks);
• adaptations or modifications of the Product for compliance with local standards;
• aesthetic defects (scratches, dents, abrasions) not reported before installation;
• incorrect storage and warehousing by the dealer/customer.

9. How to make a warranty claim

9.1 In the event of a defect, the purchaser or end user shall contact the authorised dealer, providing: proof of purchase, product and/or batch code, an indication of the defective part or component, a description and photographic documentation of the defect and, for business purchases, the order and delivery references.

9.2 Mario Bongio S.r.l. may request to inspect the Product or to have it returned for technical assessment. Any material to be returned must be sent in accordance with the instructions provided by Mario Bongio S.r.l., subject to prior authorisation.

9.3 Mario Bongio S.r.l. will communicate the outcome of the assessment within 30 working days of receipt of the Product or of the complete documentation.

9.4 In the event of an unfounded claim, or for defects not attributable to Bongio, the costs of assessment and transport may be charged to the claimant.

9.5 Products for which the assessment rules out a defect remain available to the claimant for 30 days from the communication; after that period Bongio may dispose of them.

10. Remedies

If the defect falls within the cover, Bongio shall, at its own choice and in compliance with the applicable legislation, within a reasonable time: (a) repair the Product; (b) replace it with an identical or equivalent one, including a later model or an available finish, where the original model is no longer in production; or (c) supply only the necessary spare parts. Replaced parts become the property of Bongio. The rules on remedies laid down by the Italian Consumer Code remain unaffected as regards consumers.

11. Spare parts

Bongio undertakes to ensure the availability of the main spare components for a period of 5 years from the discontinuation of production of the model, subject to unavailability on the part of its suppliers. After that period, or in the event of unavailability, Bongio may propose equivalent components or alternative solutions.

12. Ancillary costs and limitation of liability

The warranty concerns the Product or its defective parts. Unless otherwise agreed and within the mandatory limits of the law, the following are excluded: assembly and disassembly costs, travel and technical personnel call-outs, masonry work, coverings and reinstatement, costs arising from the unavailability of the room, as well as direct or indirect damage to persons, property or animals resulting from the suspension of use or malfunction of the Product. As regards consumers, these exclusions apply within the limits permitted by the Italian Consumer Code. The mandatory rules on liability for defective products remain unaffected.

13. Processing of personal data

Personal data provided voluntarily is processed in compliance with Regulation (EU) 2016/679 (GDPR) and Legislative Decree 196/2003 as amended, for the sole purpose of managing the warranty and responding to enquiries. Data subjects may exercise the rights set out in Articles 15 et seq. of the GDPR by writing to info@bongio.it. The full privacy notice is available at www.bongio.com.

14. Applicable law and jurisdiction

These warranty terms are governed by Italian law; the 1980 Vienna Convention (CISG), supplemented by Italian law, applies to international sales, consistently with the General Terms and Conditions of Sale. For business customers based in Italy or in the European Union, the Court of Novara shall have exclusive jurisdiction; for non-EU customers, reference is made to the arbitration clause in the General Terms and Conditions of Sale. As regards consumers, the mandatory jurisdiction of the court of the consumer’s residence or elected domicile remains unaffected.