1. General

1.1 These are the warranty conditions (hereinafter: “Warranty Conditions”) of HELCO BV, trading under the name 'Helcofloors^®', with registered office at 7971 Beloeil, Rue Jean-Bapt. Daudergnies (Bas) 4, and registered in the Crossroads Bank for Enterprises under number 0808.972.278 (hereinafter: “Helcofloors^®”, “We”, “Us”).

1.2 Current Warranty Conditions determine the conditions and scope of the warranty offered by Helcofloors^® that apply to all parquet floor parts sold by Helcofloors^® to the customer, in particular any company (whether or not with legal personality) that, when purchasing the parquet floor parts, acts for professional purposes (hereinafter: “Customer”).

1.3 Unless specifically waived in writing, these Warranty Conditions are binding on both parties and take precedence over any other terms or conditions. When signing a quotation, the Customer must declare that he/she has taken note of these Warranty Conditions and confirms that he/she accepts the resulting rights and obligations. The Warranty Conditions can be freely consulted at any time on the Helcofloors^® website: https://helcofloors.be/en/fitting-warranty/warranty.

2. Term, commencement and scope of the warranty

2.1 The warranty applies from the date of purchase, as shown on the purchase invoice, and is valid for 20 years for normal residential use and 10 years for commercial use.

2.2 By using the warranty scheme, the warranty period is not extended.

2.3 This warranty cannot be transferred to third parties. Only the Customer who is the first owner of the floor parts can make use of the warranty scheme.

3. Scope of the warranty

3.1 Visible defects:

Visible defects or deviations will be replaced/exchanged at no additional cost, provided they are reported immediately and before the goods are placed or processed.

This warranty lapses if the floor parts are installed or processed anyway and/or cannot be returned to Helcofloors^® in their original or undamaged condition.

3.2 Hidden defects:

We are responsible for hidden defects (such as manufacturing defects), provided that the parquet floor has been installed correctly according to our instructions, which can be consulted on our website https://helcofloors.be/en/fitting-warranty/fitting-and-maintenance-advice or the instructions of Buildwise (formerly: WTCB).

However, this warranty for hidden defects does not apply if:

• The parquet floor is stored or installed in a damp or wet room; and
• Renovations/repairs or any other interventions are carried out on the floor parts involved (both before and after their installation);

3.3 Exclusions:

The warranty does not apply to:

• Optical defects (such as color differences, surface variations, deformations and spots) are caused by the influence of UV, oil, grease or chemical substances, or other optical defects are caused by, for example, changing climatic conditions, but also optical variations;
• Normal aging and/or wear symptoms on, among other things, the top layer of the parquet; surface variations and the occurrence of deformations, whether or not due to aging of the floor;
• Damage caused, including but not limited to impact damage from heavy objects, damage due to stiletto heels, furniture, stones, sand, pets, etc.;
• Damage due to incorrect use, absence of (correct) maintenance, use for a purpose other than that for which it is intended, accidents or careless actions;
• Stains or mechanical damage to the surface due to careless handling during transport, during storage;
• Defects and/or defects caused by moisture and/or water damage or other causes, even in the event of force majeure;
• Defects due to installation on electric underfloor heating, unless there is a written agreement from Helcofloors^® to extend the warranty to this end.

4. Recourse to the guarantee scheme

If the Customer discovers a (hidden) defect that he believes is covered by the warranty, the Customer must report this in writing to Helcofloors^® within 8 days of discovering the defect. The Customer must always attach a copy of the purchase invoice to this written notification. In the event of late notification, the Customer's right to warranty lapses by operation of law.

In the event of a warranty claim for a hidden defect, the Customer must also demonstrate that the installation was carried out according to our instructions or the instructions of Buildwise and the Customer will provide the relevant documents, in particular invoice, installation plans, order confirmations, delivery note, etc.

As soon as the Customer discovers a possible defect, the Customer will limit damage to the floor parts by storing them (if possible) in the original packaging, completely sealed from air and moisture, up to and including the moment of inspection by Helcofloors^®.

In the event of a warranty case recognized by Helcofloors^®, the defective floor parts will be repaired free of charge or equivalent replacement material will be supplied.

Helcofloors^® reserves the right to carry out the necessary work and deliveries itself or to outsource it to a third party.

The warranty applies exclusively to the floor parts supplied and does not cover labor costs, the cost of additional materials, transport costs, labor costs or any other resulting loss.

5. Applicable law and competent court

5.1 These Warranty Conditions are subject to Belgian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

5.2 In the event of a dispute about the warranty, the parties may agree to appoint an independent expert to provide binding advice on the products supplied by us. The cost of the experts and expertise involved must be agreed and approved in writing in advance.

Unless mandatory law provides otherwise, all disputes between parties regarding the current Warranty Conditions fall exclusively within the jurisdiction of the courts of the Tournai district.