21
Warranty and Limitations
1. For a period of one (1) year (the “Warranty Period”) commencing on the
date of purchase by the Buyer of the Product from DreamCast, DreamCast
hereby warrants that the Product shall be free from defects in materials and
workmanship when used by the Buyer reasonably and in accordance with any
manual, instructions, and guidelines prepared and distributed by DreamCast
and generally accepted industry standards and practices (collectively, the
“Warranty”).
2. For greater clarity:
a. surface, colour, and slight size variations are inherent in the Product; and
natural variation in colour, texture, and porosity may occur in the Product, are
considered inherent and valued qualities of the material, and shall not be
covered under this
Warranty;
b. DreamCast warrants against cracks and breaks in the Product resulting
from structural defects only; non-structural hairline cracks occurring in the
Product shall not be considered structural defects and shall not be covered
under this Warranty;
furthermore, chips and scratches shall not be covered under this Warranty;
c. all Products will mature and age over the course of time through natural
processes associated with use, heat, and flame; these changes are an
essential part of the dynamic of the Product, and shall not be covered under
this Warranty;
d. damage to the Product resulting from excessive overloading, impact, or
abnormal abrasion or use of the Product is not covered under this Warranty;
e. this Warranty shall expressly exclude damage to the Product occurring due
to accident, act of god, fire exposure, contact with liquids, vandalism, ground
movement, exposure to elements of nature, including, without limitation, salts,
neglect, misuse, abuse, or other external effects on or of the Product;
f. damage to the Product caused by use with any third-party component,
element, or product that does not meet the specifications of the Product shall
not be covered under this Warranty;
g. regular maintenance as required by any manual, instructions, and
guidelines prepared and distributed by DreamCast and generally accepted
industry standards and practices shall not be covered under this Warranty;
h. service calls initiated by the Buyer requesting the assistance of DreamCast
to correct the installation of the Product or provide guidance as to the usage
of the Product shall not be covered under this Warranty;
I. damage caused by servicing the Product (including, without limitation, any
upgrades, improvements, dismantling, or expansions) by any person or entity
who is not a representative, agent, or technician of DreamCast shall not be
covered under this Warranty;
j. modifications to Product which alter functionality or capability carried out
without the express written permission of DreamCast shall not be covered under
this Warranty;
k. any defects caused by regular wear and tear, or any regular aging of the
Product, shall not be covered under this Warranty;
l. any damage to any areas, materials, or property of the Buyer surrounding the
Product or upon which the Product is situated shall not be covered under this
Warranty;
m. except as expressly set out herein or otherwise agreed by DreamCast in
writing, any costs and expenses associated with pick-up and delivery of the
Products, and any incidental shipping or holding costs and expenses associated
with delivery of the Product or any parts thereof to an authorized customer
service centre of DreamCast shall not be covered under this Warranty; and
n. under no circumstances whatsoever shall any coverage under this Warranty
exceed the amount of the price paid or payable by the Buyer to DreamCast for
the Product.
3. Except as expressly provided for herein, DreamCast shall not be responsible
for any direct or indirect, special, incidental, or consequential damages resulting
from any breach of Warranty condition, including, without limitation, loss of use,
revenue, actual or anticipated profits (including loss of profits relating to a
contract), use of money, anticipated savings, business, opportunity, goodwill,
reputation, or any damage to, compromise, or corruption of data, any indirect or
consequential loss or damage howsoever caused, including without limitation,
the replacement of equipment and property. The foregoing limitation shall not
apply to any statutory liability for intentional and grossly negligent acts and
omissions.
4. All obligations of DreamCast under this Warranty shall immediately and
completely terminate upon expiry of the Warranty Period.
Procedures
1. In the event of a defect in the Product covered under this Warranty occurring
during the Warranty Period, the Buyer shall contact DreamCast to report the
alleged defect during the business hours of 9:00 to 17:00 (Pacific Standard
Time) from Monday to Friday (collectively, the “Business Hours”), and a
representative of DreamCast shall respond to the report during Business Hours.
DREAMCAST DESIGN AND PRODUCTION LTD. (“DreamCast”) LIMITED WARRANTY
CONCRETE FIRE PITS
To Next Page
Loading...