General Terms and Conditions

§ 1 Scope and contractual partner

(1) Your contractual partner is

Vallone GmbH
Gelsenkirchener Str. 181
Unesco-Welterbe Zollverein,
Areal A [Schacht XII], Halle 6 [A2]
D-45309 Essen, Germany

Tel +49.201.857 914 22-0
info@vallone.de
www.vallone.de

Managing Directors: Eva Thelen, Marcel Sekula

Commercial register: Essen
Commercial register number: 25335
VAT ID No. DE294458635

(hereinafter: Vallone)

(2) For all business relationships that are concluded via the Vallone shop, by e-mail, telephone or in the business premises, the following General Terms and Conditions (GTC) apply exclusively in the version valid at the time of the order.

(3) German is the language of negotiation and contract. The following terms and conditions also apply exclusively to all foreign transactions unless otherwise specified in our GTC for the respective countries.

(4) These general terms and conditions will be sent to you at the latest after conclusion of the contract. As a precaution, please also save them yourself by printing them out via the print function of your browser. To do this, you can download this document as a PDF and save it to your computer. To open a PDF file you need a specific software, i.e. Adobe Reader, which is available for free download on the internet (www.adobe.de).

(5) Your contract and order data as well as the contract text are stored by us. Direct access is not possible for security reasons.

(6) Via our homepage you may recognize and correct input errors before submitting the contract declaration. Submission doesn’t start before clicking the button "buy now" as part of the ordering process.

(7) Vallone is merely the seller of the corresponding products. You are responsible for where and how the product is installed and whether it corresponds to your ability to use it.

§ 3 Conclusion of contract

(1) If you are a consumer by law, you have the option of making a non-binding enquiry to Vallone by e-mail or telephone regarding the products. Vallone checks the availability of the goods, prepares an offer in text form and usually sends this via e-mail. You can accept this offer by simply confirming it in text form (e-mail). In your interest and for verification purposes, Vallone reserves the right to request your signature when returning the document. The declared acceptance concludes a purchase contract for the desired goods.

(2) If you are an entrepreneur, a contract between you and Vallone can also be concluded by e-mail, telephone or verbally on site. In deviation from paragraph 1, a contract between you and Vallone is already concluded when Vallone sends you a corresponding order confirmation ("commercial confirmation letter") and you do not make any further declarations on this confirmation letter, Section 362 German Commercial Code (HGB).

(3) Vallone also operates an internet shop (www.vallone.de). Presentation of the goods in the internet shop or at the business premises of Vallone does not constitute a binding offer by Vallone to conclude a purchase contract. The customer is thereby only asked to submit an offer by placing an order.

(4) By sending an order via the Internet shop, the customer makes a binding offer aimed at concluding a purchase contract for the goods contained in the shopping cart. Vallone confirms the customer's order by sending a confirmation email. This does not constitute a confirmation of the conclusion of a contract. After checking your order and the transmitted data, we will send you a declaration of acceptance (order confirmation). Thus, the contract is legally concluded. With regard to the delivery of the goods, reference is made to § 5 of these GTC.

§ 4 Prices, payment, pick-up on site, due date and default

(1) All prices are in Euro (€) including VAT, plus the corresponding packaging and shipping costs. The prices at the time of the order apply.

(2) The acceptance of larger quantities and special orders is possible, but requires the prior individual agreement of prices, delivery time and terms of payment.

(3) The purchase price is due upon conclusion of the contract.

(4) Payments are possible via the payment services specified in the item description. No other payment methods are accepted. Regarding payments via PayPal or other payment providers, please also note their respective terms and conditions.

(5) A collection of the goods and payment of the goods on site is possible, if arranged beforehand.

(6) If you wish to pay for your order in advance, we will state our bank details in the order confirmation and deliver the goods after receiving payment. The invoice amount must be transferred to our account within 7 days. If the amount is not received within the deadline, we are entitled to withdraw from the contract.

(7) In the event of default, we are entitled to demand interest for the year in the amount of 5 percentage points above the respective base interest rate. In the case of legal transactions in which a consumer is not involved, we reserve the right to demand interest with an interest rate of 9 percentage points above the base interest rate. We reserve the right to prove and assert a higher damage caused by default, Section 288 Abs. 3, 4 German Civil Code (BGB). For reminders, we charge dunning costs of 5 € per reminder. This does not preclude the possibility that in individual cases a lawyer's reminder may also be issued from the first day of default.

(8) You can only exercise a right of retention if the claims result from the same contractual relationship. The right to refuse performance according to Section 320 BGB remains unaffected by this.

(9) If we do not receive the purchase amount within statutory or set deadlines, we are entitled to withdraw from the purchase contract after expiry of a reasonable grace period. In the case of advance payment, there is no need to set a further deadline.

(10) For non-redeemable or returned payment amounts, we charge you 3% of the invoice amount, at least 5, - EUR as fee and expense compensation.

(11) In order to hedge credit risk we must reserve the right - in accordance with the respective credit rating - to offer only certain payment methods for the delivery you have requested.

(12) If an agreed delivery date is postponed at the request of the customer (in particular in cases where the customer wishes to receive the goods on a later delivery date than the originally agreed delivery date) or in a case of default of acceptance (e.B. if the customer is not present on the agreed delivery date and does not accept the goods), Vallone is entitled to demand storage costs of € 3 per calendar day. The same applies to goods in stock that have not been called up 1 month after the due date of the purchase price. Vallone is entitled to offset existing down payments against the storage costs and to refuse the return of the goods until full compensation of the purchase price payment and the storage costs. Vallone expressly reserves the right to claim higher storage costs.

§ 5 Delivery

(1) We deliver goods in stock in Germany within 3 – 8 working days after your order at the latest. The regular delivery time is 6 to 8 weeks, unless otherwise stated on the detail page of the corresponding product or in the order confirmation. Vallone makes every effort to indicate the delivery time product-related and in real time. In case of doubt or when specifying different delivery times, the regulations of the order confirmation take precedence over the indication on the product page.

(2) In the case of payment in advance, the delivery times apply from receipt of money on our account. Deviating delivery times are mentioned in the context of the order confirmation or item description. If the customer wishes a delivery date that deviates from the regular or expected delivery time, he must inform Vallone in text form before completing the order. If he does not comply with this notification obligation, Vallone expressly reserves the right to claim costs in accordance with § 4 (12).

(3) The delivery of the goods usually takes place only after full payment. An order for goods that are not in stock may be placed and - according to a separate agreement – may be shipped even after partial payment. However, if no full payment has been received when the goods arrive in Germany, the delivery can be withheld until full receipt of payment. In these cases, the stated or agreed delivery time shall be extended at least by the duration of the delay in payment. In addition, the delivery of the goods in stock to other customers can take place if a payment period has been exceeded.

(4) The stated delivery time requires timely delivery to us. Customers are advised that Vallone's suppliers regularly take production holidays and therefore limited delivery times may occur. Vallone makes every effort to take these circumstances into account when indicating the delivery time. In particular, delivery times may change within a few days. If there exists no contractual relationship between the parties, the customer cannot rely on an outdated indication of the expected delivery time at the time of conclusion of the contract. The delivery time stated or agreed upon at the time of conclusion of the contract shall always apply.

(5) Even after conclusion of the contract, the customer is entitled to express to Vallone the wish for delivery on a fixed date outside the announced delivery time. In these cases, Vallone will check whether a corresponding fixed date can be agreed. The determination of a deviating delivery date requires an agreement between the parties in text form. Vallone is entitled to refuse to set a delivery date outside the regular delivery time without giving a reason, in particular if the production of the order has already begun.

(6) In the event of early completion of the goods before the end of the regular delivery period, Vallone is entitled at any time to offer the customer an earlier delivery date. If it is not possible for the customer to accept the goods on the delivery date thus communicated, he must notify Vallone immediately in text form and justify this. If he does not comply with this obligation, § 4 (12) applies.

(7) It is expressly reserved that the stock and thus the delivery time may change during the payment period of the customer. The same applies to the cases of § 4 (12) of these GTC.

(8) Without explicit agreement of a delivery date and confirmation by the management of Vallone, no fixed transaction is concluded. In particular, liability is excluded for all follow-up work that the customer has already commissioned in view of the original delivery time.

(9) For shipments outside the Federal Republic of Germany and within Europe, the same shipping period applies, but the delivery naturally takes a little longer. The buyer is obliged to pay for customs. Shipping costs to countries outside of the EU must be requested separately from Vallone in advance.

(10) If you order a product that was not (yet) available according to the item description or if we are not supplied with a product by our suppliers through no fault of our own, we may withdraw from the purchase of this product and/or from the entire contract if the procurement of the item would only be possible with disproportionate effort. In this case, we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately refund any consideration already provided in relation to this product.

(11) We are entitled to make partial deliveries or services, provided that conflicting interests are not unreasonably impaired. Should there be a partial delivery, we will of course bear the additional shipping costs.

(12) A collection of the goods on site in our showroom is only possible after prior agreement.

(13) The delivery time shall be extended appropriately if the delivery is affected by force majeure. In particular, force majeure shall be equivalent to subsequent difficulties in obtaining materials, riots, strikes, lockouts, operational disruptions, outbreaks of a panic or epidemic, fire, natural disasters, transport obstructions, changes in statutory provisions, official measures or regulations or the occurrence of other unforeseeable events that are beyond our control and, from an objective point of view, have not been culpably caused by us. Should any of the above-mentioned cases occur, we will inform you immediately. If the impediment to performance in the aforementioned cases persists for more than eight weeks, both parties are entitled to withdraw from the contract. Further claims, in particular for damages, do not exist in this case. This does not apply if liability is mandatory for legal reasons in cases of intent or gross negligence, in the case of assurances or if liability is mandatory for legal reasons in the event of a breach of essential contractual obligations due to simple negligence or if liability is mandatory for legal reasons in the case of foreseeable damages typical of the contract.

(14) If a delivery fails or the product has to be returned to us for reasons other than warranty and/or guarantee regulations, the customer shall bear all related costs. § 4 (12) shall apply mutatis mutandis. In this case, Vallone expressly reserves the right to assert the damage resulting from the failure to deliver or return the goods. These damages may be additional shipping costs, empty runs and new arrivals as well as additional warehouse handling.

§ 6 Withdrawal

Consumers have a statutory right of withdrawal. A consumer is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor their independent professional activity.

Cancellation

Withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods,

in the case of a contract for the delivery of goods in several partial shipments or pieces in which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last piece, or

in the case of a contract for the regular delivery of goods over a specified period of time, on the day on which you or a third party designated by you, who is not the carrier, has taken possession of the first goods.

To exercise your right of withdrawal, you must inform us

Vallone GmbH
Gelsenkirchener Str. 181
Unesco-Welterbe Zollverein,
Areal A [Schacht XII], Halle 6 [A2]
D-45309 Essen, Germany
Phone +49.201.857 914 22-0
info@vallone.de

by means of a clear declaration (e.B. a letter sent by post or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form, but this is not mandatory.

To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Sample withdrawal form

To

Vallone GmbH
Gelsenkirchener Str. 181
Unesco-Welterbe Zollverein,
Areal A [Schacht XII], Halle 6 [A2]
D-45309 Essen, Germany
info@vallone.de

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only in case of notification on paper)

- Date

(*) Delete as appropriate.

Consequences of revocation

If you revoke this contract, we shall reimburse you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct costs of returning the goods. The costs are based on the prices of the shipping service provider used by us within Germany but may vary in individual cases:

- Fittings/small accessories: 30,00 €

- Washbasin (up to 50 Kg): 100,00 €

- Bathtub (up to 200kg): 150,00 €

- Bathtub and other products (from 200kg): separate agreement needed

in each case plus ancillary costs such as diesel surcharge / Avis fees.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check the nature, characteristics and functioning of the goods.

Exclusion of the right of withdrawal

According to § 312g Abs. 2 Nr. 1 BGB (German Civil Code), there is no right of revocation for contracts for the delivery of goods that are not prefabricated and if their manufacturing requires an individual selection or determination by the consumer or which are clearly tailored to the personal needs of the consumer.

End of the withdrawal policy

§ 7 Damages

(1) The risk of shipment lies with us if you are a consumer, regardless of the shipping method (insured / uninsured / package) chosen (by us). By choosing insured shipping, we may cover our economic risk.

(2) In the case of deliveries to entrepreneurs, the risk of accidental loss and accidental deterioration of the sold item shall pass to a suitable transport person upon handover to the company itself or to a person entitled to receive it, in the case of a sale by dispatch upon delivery of the goods.

(3) If goods are delivered with obvious transport damage, please complain about such errors immediately to the deliverer and contact us as soon as possible. In order to avoid problems with the transport company, in cases where the goods cannot be inspected immediately or the goods or outer packaging is obviously damaged, Vallone asks all customers to have this documented directly upon acceptance, to refuse acceptance from the outset or to confirm the integrity of the goods only with reservation.

(4) If you are a consumer, a delayed or missed complaint of transport damage has no impact on your statutory warranty rights. However, with your immediate notification, you help us to assert our own claims against the carrier or the transport insurance. Please also note that certain deadlines also apply in consumer law for the proof and assertion of defects.

§ 8 Warranty

(1) The statutory warranty rights apply. The statutory warranty period begins with the delivery of the item and regularly runs for two years, in exceptional cases possibly longer - cf. Section 438 BGB - or shorter ((7)). In the case of consumers, warranty claims do not become statute-barred before the expiry of four months after the date on which a defect first became apparent. In the event of a defect occurring, the customer has the statutory right to subsequent performance (at your discretion: remedy of the defect or new delivery) within the warranty period and – if the statutory requirements are met – the statutory rights to reduction or withdrawal as well as to compensation of damages.

(2) If after one year since the transfer of risk a material defect becomes apparent, it shall no longer be presumed in favor of the customer that the item was already defective at the time of transfer of risk. In these cases, the customer regularly bears the burden of proof that the item was already defective at the time of transfer of risk.

(3) In accordance with the statutory provisions, Vallone shall bear the expenses necessary for the purpose of supplementary performance, in particular transport, travel, labour and material costs. If the Buyer has installed the defective item in another item in accordance with its nature and intended use or attached it to another item, the Seller shall be obliged to reimburse the Buyer for the necessary expenses for the removal of the defective item and the installation or attachment of the repaired or newly delivered item. This does not apply if a defect has already been revealed before installation.

(4) Services arising from claims for rectification (transport, travel, labour and material costs as well as the costs for necessary installation and removal) are limited to the actually necessary expenses in accordance with § 439 BGB (German Civil Code). In this respect, the necessary expenses are those that a reasonable, economically thinking client could and had to provide on the basis of expert advice or determination for a justifiable and thus suitable and promising measure to remedy the defect. Customers are made aware of their legal obligation to mitigate any damages (§ 254 BGB).

(5) Except in the cases of § 281 (2) and § 323 (2) BGB, it is not necessary to set a deadline for the assertion of withdrawal and damages if we refuse both types of supplementary performance in accordance with § 439 (4) BGB or if the type of supplementary performance to which you are entitled has failed or is unreasonable for you. A rectification shall be deemed to have failed after the unsuccessful second attempt, unless otherwise stated in particular from the nature of the item or the defect or the other circumstances. In the event of withdrawal from the contract, the customer is obliged to make the goods available for collection by us in packaging suitable for transport. We bear the costs of the return transport.

(6) If Vallone has provided a partial service, the customer can only withdraw from the entire contract if he has no interest in the partial service. If Vallone has not provided the service in accordance with the contract, the customer may not withdraw from the contract if the breach of duty is insignificant.

(7) The warranty rights described in (1) shall apply to entrepreneurs with the proviso that the claims due to material defects shall become statute-barred one year after handover / delivery of the object of purchase to the customer. Excluded from this limitation are claims for damages due to injury to life, body or health and/or claims for damages due to damage caused by gross negligence or intent by the seller; In this respect, the statutory limitation periods apply. The provisions on the obligation to inspect and give notice of defects shall remain unaffected by this.

(8) When assessing the appropriateness of a deadline for rectification - in particular in the case of delivery of a new item - the delivery time at the time of rectification must be taken into account. This is usually 6 to 8 weeks. It may be extended appropriately if the goods are not in stock at the time of rectification or if they are individually manufactured goods or if the rectification is linked to the performance of a supplier of Vallone and there is a case of § 5 (4).

(9) Characteristics of the products are not guaranteed by the provider unless the guarantee is expressly made in writing.

(10) Vallone assumes no liability for any damages and defects resulting from improper use, operation and storage, negligent or faulty care and maintenance, overuse or improper repair, installation or assembly by the buyer. This does not apply if the improper assembly by the buyer is due to a defect in the instructions provided by Vallone. The buyer must adhere to the care, operation and assembly instructions provided by Vallone and treat the purchased products with care and with due care. Wear and tear due to normal or intended use of the item after delivery does not normally constitute a material defect. When assessing the intended use of the item, the type and frequency of use of the products by the customer or third parties who use his services must always be taken into account.

(11) The illustration of the products on the internet may differ slightly from the original for various reasons (monitor settings, quality of the graphics card, etc.). As a rule, no defects are abnormalities that impair the external appearance of the purchased item, but not its function. These include, for example, minor scratches, hardly noticeable dirt, blemishes on the underside of a fitting or the slight deviation of dimensional tolerances without functional impairment. As a rule, there is no comprehensible interest on the part of the customer in cases in which minor blemishes only slightly affect the aesthetic perception of the customer without the appreciation of the purchased item being impaired in an objectifiable form. The above statements do not apply to cases in which the purchased item has a quality that is not customary for items of the same type and that the buyer did not have to expect.

(12) Vallone uses a variety of different materials such as marble, minerals, porcelain stoneware, ceramics, stainless steel and wood. The illustration on the product page is an example of the corresponding goods. By using different materials, commissioning different suppliers and - depending on the product/ product group - each piece of goods can slightly differ from others, especially regarding type and intensity of color gradients, marbling and fibres. A color or color gradient difference can result in particular from different lighting conditions. Therefore, we cannot guarantee that the colours, colour gradients, marbling or fibres of two products that are to be put together will visually "match" each other. This applies in particular if the products are made of different materials (e.B. velvet stone, corian, natural wood, etc.) or of different product groups. As a rule, such natural differences do not constitute warranty rights, unless the goods are therefore not suitable for normal use or do not have the quality that is customary for items of the same type and that the customer can expect.

(13) Different delivery batches of the suppliers used by Vallone may differ slightly in color gradient and intensity due to different environmental influences. Such natural differences do not constitute warranty rights, unless the goods are therefore not suitable for normal use or do not have the quality that is customary for items of the same type and that the customer can expect.

(14) In particular, the materials Velvet Stone and Corian are produced in slightly different shades. The material Velvet Stone is roughly based on the color "signal white" (RAL 9003),the material Corian on the color "pure white" (RAL 9010). This rough categorization of the dyes is not considered a guaranteed property.

(15) Note: A withdrawal is usually not possible if the products cannot be used in the place you have planned due to personal taste or contrary to the customer's imagination due to color or dimensions. As a rule, this does not constitute a defect in the goods. Before placing the order, the customer is responsible for studying the specified dimensions and any assembly instructions and for assessing for himself whether the products can be used in the desired manner. The seller expressly points out that a specialist company for sanitary technology should be commissioned for the installation of the products.

(16) Vallone offers samples for some of their products. A distinction is made between material patterns, surface patterns and color samples. Material samples provide information about the material properties, feel and appearance. Surface patterns provide information about the feel and color of the surface. Color samples are usually color cards made of cardboard, which are intended to give the customer an impression of the color used. If a sample has been made available to the customer before completion of the order, the quality stated in the sampling shall be deemed to have been agreed. This does not apply if the subsequently delivered article differs significantly from the sample provided. A visit to a so-called mock-up room in the business premises of Vallone is equivalent to sampling a single part.

(17) We would like to point out that Vallone is not liable for improper use. Please note in this context that we sometimes offer products without a so-called overflow. Even with products with this overflow, there may be a leakage of the water via the upper edge of the container. However, in the case of products without overflow, special attention must be paid to this. Otherwise, the non-existent overflow does not constitute a defect in the goods but corresponds to the agreed quality of the product according to the product description.

(18) Neither party is responsible for damages and additional expenses or delays caused by force majeure.

(19) If product sizes up to 15mm deviate from the information on the data sheets, this does not constitute a defect, unless the goods are not suitable for normal use due to this deviation or don’t have the quality that is customary for items of the same type and that the customer can expect or prevents proper assembly.

(20) Due to the final production of some products by hand, small irregularities may occur on surfaces. Insofar as these are no longer visible to the naked eye under normal visibility with a distance of 70-100 cm, it is usually not a defect in the legal sense, unless the goods are not suitable for normal use due to this deviation or don’t have the quality that is customary for items of the same type and that the customer can expect or prevents proper assembly.

(21) Surfaces of the products offered that are not visible in daily use such as the undersides, backs and insides of cabinets, washbasins and other Vallone products may have individual welds, adhesive residues and similar processing-related residues due to the final production by hand. Likewise, small impairments of the surface (scratches, quirks, etc.) cannot always be avoided in these places. Impairments on surfaces that are not visible in daily use usually do not constitute warranty claims, unless the product is therefore not suitable for normal use or does not have a quality that is customary for items of the same type and that the customer can expect.

§ 9 Liability

(1) We exclude our liability for slightly negligent breaches of duty, provided that these do not concern essential contractual obligations, damages resulting from injury to life, limb or health or guarantees or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents. In the event of damage caused in any other way, the provider shall be liable in the event of intent and gross negligence, including on the part of its vicarious agents, in accordance with the statutory provisions. The same applies to negligently caused damages resulting from injury to life, body or health. In the event of negligently caused property damage and financial losses, the provider and his vicarious agents shall only be liable in the event of a breach of an essential contractual obligation but limited in amount to the foreseeable and contract-typical damages at the time of conclusion of the contract. Essential contractual obligations are those whose fulfilment characterise the contract and on which the customer may rely.

(2) In addition, we would like to point out that liability for any consequential damage caused by defects and such damages pursuant to § 8 (6) of these GTC is limited to the contractually typical and foreseeable damages. For this purpose, the seller maintains a product liability insurance with a sum insured of up to 5,000,000 euros per insured event.

§ 10 Inspection and notification obligations

(1) The buyer, if he is an entrepreneur, is obliged to inspect the delivered goods immediately upon receipt for obvious defects that are readily noticeable to an average customer. Obvious defects also include the absence of manuals and significant, easily visible damage to the goods. It also includes cases where a different item or too small a quantity is supplied. Such obvious defects must be reported in writing immediately after delivery.

(2) Defects that only become apparent later must be reported immediately after their discovery by the buyer.

(3) In the event of a breach of the obligation to inspect and give notice of defects, the goods shall be deemed to have been approved in view of the defect in question.

(4) Paragraphs 1-3 shall not apply to consumers. Nevertheless, in accordance with the aforementioned paragraphs, consumers are requested to report obvious and hidden defects (paragraph 2) promptly after delivery or their discovery.

(5) For the assertion of defects, buyers, whether entrepreneurs or consumers, can fill in the damage form provided by Vallone, but this is not mandatory. However, the use of the claim form is regularly in the interest of the buyer, as this means that the claim can regularly be processed more quickly. The form can be found at http://www.vallone.de/support/reklamation.php. Nevertheless, the non-use of the form does not affect any existing warranty claims.