THE RATTAN COLLECTION
LIMITED RESIDENTIAL WARRANTY
The manufacturer (“Manufacturer”) warrants to the original purchaser (“Purchaser”) that, for the period of two (2) years from the date of original purchase, under normal use and service conditions in outdoor domestic environments only, that: Rattan Collection (“Rattan”) products shall be free from material defects in workmanship and materials, and shall not structurally fail, splinter, rot or suffer structural damage from termites or fungal decay. If a Purchaser discovers a defect in the Rattan product within the warranty period, the Purchaser shall notify EnviroBuild Materials Ltd ("EnviroBuild") in writing to the following email address: email@example.com. Manufacturer reserves the right to request additional information in connection with the warranty claim. If Manufacturer determines the Purchaser’s claim is valid upon confirmation by an authorized Manufacturer representative of the defect, EnviroBuild’s sole responsibility shall be, at its option, to either replace defective parts, replace the entire item or refund the portion of the purchase price paid by Purchaser for such defective item (not including the cost of its initial installation or delivery). If a claim is raised against a Product that has been removed from sale, an alternative item of a similar price point and design will be offered instead. No cash alternative will be provided. This warranty shall not cover and EnviroBuild shall not be responsible for costs and expenses incurred with respect to the removal of defective Rattan products or the installation of replacement items or parts, including but not limited to labour and delivery. The foregoing remedies are the SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY.
Warranty transfer: this warranty may not be transferred by the Purchaser.
Manufacturer does not warrant against and is not responsible for, and no implied warranty shall be deemed to cover, any product failure, product malfunction, or damages attributable to: (1) damage caused by negligence, e.g. leaving furniture outside during winter without a cover; (2) use of Rattan products beyond normal use and service conditions, being exposed to any unintended mechanical and/or chemical stress, or in an application not recommended by Manufacturer’s guidelines and local building codes; (3) movement, distortion, collapse or settling of the ground or the supporting structure on which Rattan products are set; (4) any act of God (such as flooding, hurricane, earthquake, lightning, etc.), environmental condition (such as air pollution, mold, mildew, etc.), staining from foreign substances (such as dirt, grease, oil, etc.), or normal weathering (defined as exposure to sunlight, weather and atmosphere which will cause any coloured surface to gradually fade, chalk, or accumulate dirt or stains); (5) variations or changes in colour of Rattan products; (6) improper handling, storage, abuse or neglect of Rattan products by Purchaser or third parties; (7) any products that have not been paid in full; or (8) ordinary wear and tear.
No person or entity is authorized by EnviroBuild to make and EnviroBuild shall not be bound by any statement or representation as to the quality or performance of Rattan products other than as contained in this warranty. This warranty may not be altered or amended except in a written instrument signed by EnviroBuild and Purchaser.
DISCLAIMER OF WARRANTIES: EXCEPT FOR THE EXPRESS WRITTEN WARRANTY CONTAINED HEREIN, MANUFACTURER OR ENVIROBUILD MAKES NO OTHER WARRANTIES, GUARANTEES OR INDEMNITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, COURSE OF DEALING, USAGE OF TRADE, CUSTOM OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER WARRANTIES, GUARANTEES AND INDEMNITIES ARE HEREBY DISCLAIMED, OVERRIDDEN AND EXCLUDED FROM THIS TRANSACTION. UNDER NO CIRCUMSTANCES WILL MANUFACTURER OR ENVIROBUILD BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SALES, LOSS OF GOODWILL, USE OF MONEY, USE OF GOODS, STOPPAGE OF WORK, OR IMPAIRMENT OF ASSETS), WHETHER SUCH DAMAGES ARE SOUGHT IN CONTRACT, IN TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, AND MANUFACTURER OR ENVIROBUILD’S LIABILITY WITH RESPECT TO DEFECTIVE PRODUCTS SHALL IN NO EVENT EXCEED THE REPLACEMENT OF SUCH PRODUCTS, PRODUCT PARTS OR REFUND OF THE PURCHASE PRICE, AS DESCRIBED ABOVE.