3. PURCHASER’S OBLIGATIONS
In order to obtain the benefit of the Warranty, the purchaser must comply with the following provisions:
(a) Within 90 days after the installation date and 6 months of the invoice date, the purchaser must complete the installation record and warranty registration.
(b) if any product failure or defect occurs or appears within the Warranty Period,the Purchaser must:
(i) advise in writing to Tile Space at firstname.lastname@example.org or PO Box 12378, Penrose, Auckland 1642 full particulars of the products and of the failure or defect within 30 days of the fault becoming apparent;
(ii) provide Tile Space with the completed customer copy of the Installation Record Card relating to the products;
(iii) return to Tile Space at the purchaser’s cost any of the products which have not been installed before such defect appeared or such failure occurred or appeared; and
(iv) allow Tile Space and any employee or agent of Tile Space reasonable access to inspect any of the products installed and to inspect the installation of the products, before any remedial work is commenced.
4. TILE SPACE’S OBLIGATIONS
If a claim made under the Warranty is accepted then Tile Space will at its sole cost repair or replace any of the products which are defective or have failed. Repairs or replacement will be scheduled and performed in accordance with normal work flow and the timing of any repair or replacement may depend upon the availability of replacement components. Tile Space recommends that the purchaser obtain and retain additional products to allow for wastage on installation and for any necessary repairs whether covered by warranty or otherwise as the same batch may not be available at a future date. If the same batch is not available for any repair under warranty then Tile Space shall be entitled to substitute any product within its current range which will provide a reasonable match.
5. LIMITATION ON TILE SPACE’S OBLIGATIONS
To the extent permitted under the Consumer Guarantees Act 1993:
a) Tile Space will not be liable to any purchaser or any other person for any loss of profits or any consequential, indirect or special loss, damage or injury of any kind however caused (including negligence) arising directly or indirectly from or in connection with any of the products and/or any failure of or any fault in any of the products.
(b Tile Space’s liability in respect of all claims for loss, damage or injury however arising shall:
(i) not in aggregate exceed the price paid by the purchaser for the products; and
(ii) cover only the product/area which is defective, not the entire surface unless otherwise agreed).
(c) Except as expressly set out in this Warranty and Tile Space’s Terms and Conditions of Sale, all terms, conditions, warranties, undertakings, inducements or representations whether expressed, implied, statutory or otherwise, relating to the products are excluded.
6. TERMS AND CONDITIONS OF SALE APPLY
Tile Space’s Terms and Conditions of Sale shall continue to apply to all products supplied by Tile Space, provided however that in the event of conflict between this Warranty and the Terms and Conditions of Sale, this Warranty shall prevail to the extent of the conflict.
7. TILE SPACE’S RIGHT OF DETERMINATION
Tile Space alone has the exclusive right to determine whether or not the Warranty extends to a claim made by the purchaser.