TERMS OF SALES & CONDITIONS
1. In consideration of the Customer / Guarantee Holder purchasing the Product from the Guarantor the Guarantee is given subject to the following terms.
2. During the Guarantee Period the Guarantor guarantees that the product shall remain free from material defects in manufacture and shall withstand reasonable wear and tear.
3. This Guarantee shall not apply to defects in the Product arising wholly or partly from one or more of the following causes:
a) perils commonly treated as insurable risks including but not limited to storms, lightening fire, flooring, impact by/from aircraft, malicious damage whether or not the Customers is so insured against the occurrence of such perils; or
b) defective installation or other workmanship; or
c) structural failures (setting or shifting of the building, movement, cracking or deflection of foundations; or
d) failure of items that have not been designed by the Guarantor and/or where the specification of the building , its use of otherwise has been incorrectly identified to the Guarantor; or
e) failure of any component of the building including the floor supplied by others; or
f) the Customer’s failure to comply with its obligations to the Guarantor (contractual or otherwise); or
g) any drawing design or specification supplied by the Customer, its agent or contractor; or
h) willful damage, abnormal use, negligence, failure to follow the Guarantor’s instructions whether oral or in writing;
i) failure of the Customer to comply with its obligations under Clauses 4 to 8 (inclusive)
4. The Customer / Guarantee Holder shall pay all sums due to the Guarantor, on the due date, in connection with the supply of the Product.
5. The Customer / Guarantee Holder shall take all normal and prudent steps to keep the Product in serviceable condition following the Product Cleaning and Maintenance instructions supplied by the Guarantor and shall not (whether by itself or by its agents, contractors, employees or invitees) misuse the Product or otherwise deal negligently with it.
6. The Customer / Guarantee Holder shall obtain the Guarantor’s prior written approval (such approval not to be unreasonably withheld) before
a) effecting any alternations or repairs to the Product; or
b) removing or interfering with this Product; or
c) changing the use of the building from that for which it was originally designed
7. The Customer / Guarantee Holder shall report immediately to the Guarantor at the address stated overleaf any defects on the Product and confirm the same in writing, within seven days of their discovery and to provide safe access to the Product for the Guarantor and / or its agents to allow for inspection.
8. The Customer / Guarantee Holder shall provide safe access to allow for inspection or repair by the Guarantor and / or its agents at all reasonable times on request.
Making A Claim
9. All claims under this Guarantee must be received by the Guarantor in writing no later than 30 days after the end of the Guarantee Period. No claim shall be deemed valid unless accompanies by this Guarantee certificate together with proof of purchase price paid in the form of the original purchase invoice.
10. Notification of a claim to the Guarantor shall be considered to be the Customer’s / Guarantee Holder’s authorization for the Guarantor or its agents to inspect the Product and if the cause of the fault is found to be outside the scope of the Guarantee the Guarantor reserve the right to change the Customer for the cost of the inspection.
11. Any repairs deemed necessary by the Guarantor during an inspection of the claim which are the fault of the Customer / Guarantee Holder (or its agents, contractors, employees or invitees) must be carried out at the Customer’s expense in accordance with the Guarantor’s recommendations for the Guarantee to continue during the Guarantee Period.
12. Any replacement product supplied under this Guarantee shall form part of the Product and shall only be guaranteed for the remainder of the Guarantee Period.
13. Where the Customer / Guarantee Holder has a claim under the Guarantee and acclaim under the Terms and Conditions of sale of the Product, the Customer / Guarantee Holders shall not be entitled to recover twice in respect of the same fault.
14. Where a valid claim exists the Guarantor’s sole responsibility and / or liability under this Guarantee shall be for the Guarantor at its option:
(a) to supply replacement free of charge; or
(b) refund to the Customer / Guarantee Holder an amount equal to the value of the defective product divided by the months already passed from the start of the guarantee.
15. This Guarantee does not cover the cost of replacement and relaying of the Product but is limited to the supply / replacement of defective product only.
16. This Guarantee does not cover indirect, incidental or consequential loss or damage to the building contents or any part of the building or otherwise.
17. This Guarantor’s total liability for all claims under this Guarantee shall not exceed the total of the Flooring Invoiced Values as specified on page 1 above.
18. There shall be no waiver of the terms of this Guarantee either where the Customer / Guarantee Holder is not required to comply strictly with its obligations or where the Guarantor takes steps for the Customer’s / Guarantee Holder’s benefit which exceed the scope of this Guarantee.
19. The Customer / Guarantee Holder may assign the benefit of the Guarantee (But subject to all its terms) to any subsequent owner of the Product provided that notice in writing of such assignment and of the identify of the assignee is given to the Guarantor at its head office with fourteen days of such assignment taking place.
20. This Guarantee does not affect any relevant statutory or common law rights of the Customer / Guarantee holder but, subject to such rights, supersedes all and any other guarantees warranties or representations (in each case whether express or implied) which are inconsistent with the terms of this Guarantee.
21. All notices to be addressed to the Guarantor under this guarantee shall be addressed to: WISE – Fabulous Choices / K. Stamatopoulos S.A., 270A Vouliagmenis Av., 17363, Athens, Greece.