Edgeware Technology Limited
Limited Lifetime Warranty
1. This warranty applies to Edgeware branded products which are identified by Edgeware Technology Limited (Edgeware) as benefitting from a limited lifetime warranty (Products), including any replacement Products provided pursuant to this warranty. All other products are excluded from this warranty.
2. This warranty applies only to the original end user who purchases the Products (you) and may not be assigned to any other person. This warranty shall cease to apply if you no longer own the Products.
3. Subject to paragraph 4 below, Edgeware warrants that the Products purchased by you shall be free from material defects in materials and workmanship for so long as Edgeware and/or its supplier continues to manufacture such Products. Once such period of manufacture has ceased, Edgeware will use reasonable endeavours to provide a replacement Product as set out in this warranty, subject to such Product being available from stock.
4. Please note that Edgeware will not be liable for any Product’s failure to comply with the warranty set out in paragraph 3 above if:
- a. you make any further use of such Product after giving notice in accordance with paragraph 6. a below;
- b. the Product has deteriorated due to normal wear and tear;
- c. the defect arises because you failed to follow any instructions notified to you as to the storage, commissioning, installation, use or maintenance of the Product or (if there are none) good trade practice regarding the same;
- d. the defect arises as a result of wilful or accidental damage or negligence by you or by any third party;
- e. the defect arises as a result of Edgeware and/or the party from whom you bought the Product (Supplier) following any drawing, design or specification supplied by you;
- f. you or a third party have altered or repaired such Product without Edgeware’s written consent; or
- g. the serial number or label has been removed from the Product or has been defaced.
5. In the case of a valid claim made under this warranty, Edgeware will repair or replace (at its option) the defective Products.
6. To make a claim under this warranty, you must:
- a. contact your Supplier immediately upon discovering the defect;
- b. if requested, provide proof of purchase for the affected Products and any other required information; and
- c. if Edgeware holds the Products in stock, return the defective Products to your Supplier in accordance with their instructions and returns procedure.
Failure to comply with any of these requirements may result in the rejection of your claim.
7. Where Edgeware agrees to replace a defective Product, Edgeware will endeavour to dispatch the replacement Product:
a. if Edgeware receives notification of the warranty claim by 3pm on a business day in England (Business Day), on the same Business Day; or b. if Edgeware receives notification of the warranty claim at any other time, on the following Business Day.
8. A replacement Product will usually be delivered by next Business Day delivery service (provided such service is available for the relevant delivery destination and is otherwise reasonably practicable in the circumstances). Edgeware is unable to provide any guarantees in respect of time for delivery of replacement Products and delivery times are at all times subject to the required Products being available from stock. Returned Products which are replaced shall be the property of Edgeware.
9. The warranty set out in paragraph 3 above states the entire warranty given by Edgeware to you in respect of the Products. All other warranties, express or implied, are expressly excluded.
10. The remedy set out in paragraph 5 above sets out Edgeware’s entire liability for any breach of the warranty set out in paragraph 3 above.
11. Edgeware shall have no liability to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this warranty or the Products.
12. Nothing in this warranty shall exclude Edgeware’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation or any other liability that may not be limited under applicable law.
13. This warranty and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England and Wales.
14. Edgeware and you each agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this warranty or its subject matter (including non-contractual disputes or claims).