TILE AND CARRYING BAG LIMITED WARRANTY
Feltro Inc. (the “Manufacturer”) warrants its products to be free from defects in materials or workmanship during normal use and in accordance with the Manufacturer’s user instructions.
The warranty shall commence on the date of purchase and terminate at the end of ONE (1) YEAR from the date of purchase (the “Warranty Period”).
The warranty stated is valid ONLY if the products are used in conformity with the Manufacturer’s Website and Guidelines; maintained and inspected in accordance with the Manufacturer’s Website and Guidelines; for normal use for the purpose for which the goods were designed; not subject to abuse, vandalism, misuse, neglect, or accident; not used near sharp objects or abrasive surfaces; not stored in areas that are above 120 degrees Fahrenheit or below 0 degrees Fahrenheit; and are not modified or altered.
This warranty does not cover: any small variation in tile surface or component colour, which is normal part of the materials and manufacturing process and will not affect the function of the tiles; minor colour fading caused by extended exposure to sunlight over time, which is normal and will not reduce functionality; damage due to an “Act of God”, including without limitation, storms, hurricanes, hail, flooding, lightning, tornadoes, sandstorms, earthquakes and windstorms; and damage due to “Environmental Factors”, such as windblown sand, salt water, salt spray and airborne emissions from industrial sources (e.g., sulfur, acids or corrosive chemicals, other than photochemical smog).
THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF CONDITION, DESCRIPTION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY REPRESENTATIONS OR WARRANTIES MADE IN ANY BROCHURES, MANUALS, CATALOGS, LITERATURE OR OTHER MATERIALS OF THE MANUFACTURER. FURTHER, NO REPRESENTATION, WHETHER ORAL OR WRITTEN, OF A MANUFACTURER’S REPRESENTATIVE MAY BE SUBSTITUTED OR ALTER THE EXCLUSIVE LIMITED WARRANTY.
EXCLUSIVE REMEDY: To make a valid claim under the terms of this warranty, the Purchaser’s written statement of claim (including a specific description of the defect), along with a copy of the original invoice, maintenance records and supporting photographs, must be received by the Manufacturer via email on or before the end of the Warranty Period.
Should the breach of this warranty occur within the Warranty Period, the Manufacturer shall, upon proper notification in writing of the defect, correct such defect, either by repairing the defective tile or by making available a replacement tile, at the Manufacturer’s option, within sixty (60) days of receipt of such written notification. The Manufacturer shall deliver the repaired or replacement part or parts to the Purchaser free of charge. Any replacement tile shall be subject to this warranty for the balance of the original applicable Warranty Period but not thereafter.
LIABILITY EXCLUSION: TO THE EXTENT PERMITTED BY LAW, THE MANUFACTURER SHALL IN NO EVENT BE LIABLE IN CONNECTION WITH THIS PRODUCT FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, LIQUIDATED OR CONSEQUENTIAL DAMAGES, BASED ON TORT, CONTRACT OR OTHER LEGAL THEORY, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF AN AMOUNT EQUAL TO THE PURCHASE PRICE FOR SUCH PRODUCT. THE RIGHT TO RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IS PURCHASER’S EXCLUSIVE ALTERNATIVE REMEDY IN THE EVENT THAT THE REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
FORCE MAJEURE: The Manufacturer shall not be liable in any way because of unforeseen circumstances or causes beyond its control, including, without limitation, strike; lockout; embargo; riot; war; government sanction; act of terrorism; fire; Act of God; accident; failure or breakdown of components necessary to order completion; subcontractor, supplier or Purchaser caused delays; inability to obtain labor, materials or manufacturing facilities; or compliance with any law, regulation or order.
SAVINGS CLAUSE: If any part of the terms and conditions stated herein is held void or unenforceable the same will be treated as severable, leaving valid the remainder of the terms and conditions which shall be deemed revised so as to remain enforceable to the greatest extent possible consistent with such holding.
GOVERNING LAW: All matters relating to the sale of products or services shall be governed by the law of the province of Ontario, Canada, notwithstanding any conflict of laws principles.
DISPUTES: Purchaser irrevocably consents to the exclusive jurisdiction and venue of the courts in the City of Toronto, Ontario, Canada. in all matters arising out of or relating to the sale of products and/or services hereunder.
No action, regardless of form, arising out of, or in any way connected with, the products or services furnished by the Manufacturer may be brought by the Purchaser more than ONE (1) YEAR after the date of purchase.