THE GALLEON COLLECTION
EnviroBuild Materials Ltd (“EnviroBuild”) warrants to the original purchaser (“Purchaser”) on all purchases of Galleon outdoor furniture (“Galleon”) that from the date of original purchase, under normal use and service in outdoor domestic environments that:
- For a period of twelve (12) years the furniture is guaranteed against structural defect resulting from faulty materials or workmanship of the cast aluminium or tubular metal parts (any powder coating or paintwork is guaranteed for one (1) year).
- For a period of two (2) years from purchase the furniture will be free from material defects in workmanship and materials, and shall not fade, crack, peel or suffer damage from termites or fungal decay
- For a period of one (1) year the cushions will be free from material or workmanship defects Please note cushions are only shower proof; they are not intended to be stored outside. EnviroBuild hold the right to reject any claim resulting from weather damage.
If a Purchaser discovers a defect with a Galleon product within the warranty period, the Purchaser shall notify EnviroBuild in writing to the following email address: firstname.lastname@example.org. EnviroBuild reserves the right to request additional information in connection with the warranty claim.
If EnviroBuild determines the Purchaser’s claim is valid upon confirmation by an authorised EnviroBuild 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 can be offered instead.
This warranty shall not cover and EnviroBuild shall not be responsible for costs and expenses incurred with respect to the removal of defective Galleon 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.
This warranty may not be transferred by the Purchaser.
EnviroBuild 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:
- damage caused by negligence, e.g. leaving furniture outside during winter without a cover;
- use of Galleon 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;
- movement, distortion, collapse or settling of the ground or the supporting structure on which Galleon products are set;
- 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);
- variations or changes in colour of Galleon products;
- improper handling, storage, abuse or neglect of Galleon products by Purchaser or third parties;
- any products that have not been paid in full; or
- ordinary wear and tear.
No person or entity is authorised by EnviroBuild to make and EnviroBuild shall not be bound by any statement or representation as to the quality or performance of Galleon products other than as contained in this warranty. This warranty may not be altered or amended except in a written instrument signed by a Director of 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.