De La Espada (“Seller”) offers a guarantee to the original Purchaser (“Purchaser”) only that the De La Espada product lines manufactured by De La Espada and sold through authorised retailers (hereinafter “Products”) are free of defects in workmanship and materials. If any defects should arise during the product’s 5-year warranty period from the date of shipment, Seller shall, upon prompt notice, repair or replace, at its option and costs, the affected part or parts. Repair or replacement will fulfill De La Espada’s obligation to the warranty and exclude the right to compensation.
This warranty does not cover damage or defects caused by:
- Failure to follow product care instructions as supplied by De La Espada.
- Improper storage contrary to De La Espada’s recommendations.
- Misuse of the product.
- More intensive or abnormal use of the product than what can reasonably be expected for normal private use.
- Damage caused by a carrier other than Seller.
- Normal wear and tear or acts or omissions of parties other than Seller (including user modification).
- Customer’s Own Material, Customer’s Own Leather, or other third party materials applied to Products.
- Products not installed following instructions or damaged by careless removal of packaging.
- Dramatic temperature variations or exposure to unusual conditions contrary to De La Espada’s recommendations.
Natural variations occurring in wood, fabric, and leather shall not be considered defects, and the Seller does not guarantee the colourfastness or matching of the colours, grains, textures or surface hardness of such materials.
THE EXPRESS GUARANTEES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER GUARANTEES, EXPRESS OR IMPLIED, INCLUDING ANY GUARANTEES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ALL OTHER GUARANTEES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
The remedies provided above are the Purchaser’s sole remedies for any failure of Seller to comply with its obligations regarding the Products. Correction of any nonconformity in the manner and for the period of time provided, shall constitute complete fulfillment of all liabilities of Seller, with respect to or arising out of the Product furnished hereunder.