Terms of Warranty

Biohort US Inc. (“Biohort”) warrants to the original retail purchaser (“you” or “Purchaser”) that the below described components of the Biohort product (the “Product”) it has purchased from Biohort or an authorized retailer of Biohort will be free from the defects in materials and workmanship for the period set forth below, subject to the below restrictions.

1. Scope of the Warranty: Subject to the restrictions below:

a.    Biohort warrants the sheet metal parts of Products against rust-through and warrants metal parts that are demonstrably defective in design or workmanship for twenty (20) years from the date of the original retail purchase when used under normal residential use.

b.    Biohort warrants glass (including those in doors and windows), electrical, rubber and plastic parts (e.g. EPDM roof membrane), and the sunscreen of the pergola against defects in materials and workmanship for a period of 2 years from the date of the original retail purchase when used under normal residential use.  (each referred to below as the “Warranty Period”)

The Warranty Period commences on the date you purchased the Product. Your original receipt or invoice evidencing proof of your purchase is required to make any claims under these Terms of Warranty.

This warranty applies only to Products that are properly installed, used, and maintained in accordance with Biohort’s installation instructions and product documentation.

If a defect covered by this warranty arises during the Warranty Period, and Purchaserprovideswritten notice and proof of purchase to Biohort, Biohort will, at its option:

  1. Repair the defective component,
  2. Provide a replacement for the defective component with a comparable component, or
  3. Refund the original purchase price of the Product, less reasonable depreciation based on the length of use.

The remedy described in this section is Purchaser’s sole and exclusive remedy under this warranty.

All defective components returned to Biohort become the property of Biohort.

Replacement parts or products provided under this warranty will be covered for the remainder of the original Warranty Period only.

Purchaser is responsible for any shipping, transportation, installation, removal, or labor costs associated with the removal and replacement of any components unless otherwise required by applicable law.

Claims under this warranty must be made in writing to Biohort and proven within 10 working days of the nonconformity being discovered. All Claims must be supported by photos.

2. Limitations of the Warranty

The warranty shall not apply to and no warranty claims can be made for products that have been removed from Biohort’s active product portfolio, e.g., discontinued items, for which replacement parts are no longer available.

This warranty also does not cover damage, defects, or failures resulting from:

  • Damage occurring during transport of the Product (the shipping company is liable for this damage - please report them immediately to the carrier).
  • Misuse or improper use, including use of the Product for purposes other than residential storage or use exceeding the Product’s design specifications.
  • Improper installation, location, relocation, modification, or alteration of the Product including but not limited to:o    

    o    Foundation defects, lack of water drainage in the floor profile area
    o    Unsuitable installation site and / or missing or improper anchoring

  • Failure to follow Biohort’s installation, maintenance, or operating instructions.
  • Environmental or external causes, including but not limited to:
    o    flooding
    o    standing water
    o    corrosive environments
    o    saltwater exposure
    o    chemical exposure, including but not limited to internal or external exposure to corrosive substance such as corrosive and abrasive cleaning agents, salt, chloride substance, fertilizer and other chemical substances
    o    fire
    o    lightning
    o    windstorms
    o    hurricanes
    o    tornadoes
    o    earthquakes
    o    falling objects
    o    acts of God or extraordinary natural phenomena (e.g. hail) and all forms of force majeure
  • Cosmetic conditions that do not affect structural integrity or functionality, including:
    o    scratches
    o    dents
    o    surface rust
    o    paint fading
    o    discoloration
    o    minor manufacturing irregularities
  • Damage caused by impact, accident, vandalism, or negligence.
  • Corrosion, rust, or deterioration resulting from exposure to abnormal environmental conditions or failure to maintain protective coatings.
  • Normal wear and tear, including gradual weathering
  • Failure to perform routine maintenance errors (e.g. failure to oil/grease the cylinder lock and hinges, omission of standard maintenance measures).

3. Humidity and Corrosive Substance Disclaimer

Components that are regularly exposed to permanently increased ambient humidity and aggressive substances (e.g., interior wall of raised beds, composters MonAmi, plant bed Belvedere, and plant box system DaVinci) are excluded from the warranty. Products that are used within 5 km from an ocean coastline are in all cases presumably excluded from the corrosion warranty.

4. Cosmetic and Finish Disclaimer

Variations in color, finish, or surface texture, and minor cosmetic imperfections that occur during manufacturing, shipping, installation, or normal use do not constitute defects under this warranty.

5. Limitation of Liability

To the maximum extent permitted by law, Biohort shall not be liable for any indirect, incidental, special, or consequential damages arising out of or related to the Product or this warranty, including but not limited to:

  • loss of stored property
  • loss of use
  • damage to surrounding structures or property
  • labor or installation costs
  • transportation costs

Biohort’s total liability under this warranty shall not exceed the original purchase price of the Product.

6. Transferability

This warranty is non-transferable and applies only to the original retail purchaser of the Product.

7. Warranty Claim Procedure

To make a warranty claim, Purchaser must provide:

  • Proof of purchase showing the purchase date
  • Photographs and description of the alleged defect
  • The Product serial number (if applicable)

Claims must be submitted to the following email address: office@biohort.at. Biohort may require inspection of the Product prior to approving a claim.

8. Disclaimer

EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, BIOHORT MAKES NO OTHER WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Claims arising from these warranty terms are not enforceable and are based on a voluntary gesture on the part of Biohort.