OceanLED Manufacturer’s warranty
In order to ensure an OceanLED product continues to operate efficiently and reliably, before use the user should carefully read the Owner’s Handbook and follow the advice on the safe and correct operation and use of each OceanLED product. It is highly recommended OceanLED products are installed and/or commissioned by an OceanLED authorized installer. Installation and/or commissioning by persons other than an OceanLED authorized installer may invalidate this warranty.
OceanLED stands by its products. In general terms, the company gives a 2 year warranty on its products – to claim, please contact us and return the product to us; the detailed terms and conditions of this warranty are set out below.
However please specifically note that all metal parts corrode in salt water. The primary factors affecting corrosion are not related to our products and accordingly we cannot be responsible for corrosion-related defects. Please note, in any event, that corrosion will be particularly aggressive if installation and/or bonding has not been undertaken properly, or if stray currents are active in the vicinity of a boat. It is the Consumers responsibility to periodically inspect any underwater fittings for signs of deterioration as described above and take all necessary precautions to prevent failure of said parts.
1. WARRANTY OF Quality
1.1 In the case of goods manufactured and sold by OceanLED Limited, a company incorporated in England and Wales (registered number 5310852) and whose registered office is at 10 Station Road, Earl Shilton, Leicestershire LE9 7GA (the “Goods” and the “Company”, respectively), the Company warrants to the purchaser of the Goods (the “Buyer”) that (subject to the other provisions of these Conditions and unless otherwise notified) upon delivery, and for a period of 24 months from the date of delivery, the said Goods supplied shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
1.2 The Company shall not be liable for a breach of the warranty in Condition 1.1 unless:
1.2.1 the Buyer gives written notice of the defect to the Company, and to the carrier if the defect is as a result of damage in transit, within 14 days of the time when the Buyer discovers or ought to have discovered the defect; and
1.2.2 the Buyer returns such Goods to the Company’s place of business at the Buyer’s cost.
1.2.3 the Company is given a reasonable opportunity after receiving the returned Goods for the examination to take place at the Company’s place of business.
1.3 The Company shall not be liable for a breach of the warranty in Condition 1.1 if:
1.3.1 the Buyer makes any further use of such Goods after giving such notice; or
1.3.2 the defect arises because the Buyer failed to follow the Company’s oral or written instructions as to the storage, transportation, installation, commissioning, modification, use or maintenance of the Goods or (if there are none) good trade practice; or
1.3.3 (and to the extent that) the defect comprises, or arises from, the corrosion of metal parts or the failure of the Buyer to ensure that Goods are installed correctly, bonded correctly and that there are no active stray currents in the vicinity; or
1.3.4 the defect arises as a result of any default of, or caused by, the Buyer or (without limitation) as a result of misuse, abuse, improper installation, neglect, improper shipping by a party other than the Company; or
1.3.5 the Buyer alters, repairs or modifies such Goods without the written consent of the Company; or
1.3.6 the defect arises due to a cause beyond the Company’s reasonable control, such as: act of God, explosion, flood, tempest, fire or accident, including without limitation lightning; war or threat of war, national emergency, sabotage, terrorism, insurrection, protest, riot, epidemic, civil disturbance or requisition; Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party); restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials; or power failure or breakdown in machinery.
1.4 Subject to Conditions 1.2 and Condition 1.3, if any of the Goods do not conform with the warranty in Condition 1.1 the Company shall at its option repair or replace such Goods (or the defective part) without charge for labour or parts or refund the price of such Goods at the original purchase price. The Company shall pay for return transportation to the Buyer of such repaired or replaced Goods.
1.5 Any Goods replaced shall belong to the Company and any such repaired or replacement Goods shall be guaranteed on these terms for the unexpired portion of the period of the warranty in Condition 1.1.
2. Limitation of liability
2.1 These Conditions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
2.1.1 any breach of these Conditions;
2.1.2 any defect in the Goods;
2.1.3 any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
2.1.4 any representation, statement or tortuous act or omission including negligence arising under or in connection with the contract with the Buyer.
2.2 All warranty, conditions and other terms implied by statute or common law (save for the conditions implied by the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982) are, to the fullest extent permitted by law, excluded from the contract with the Buyer.
2.3 Nothing in these conditions excludes or limits the liability of the Company:
2.3.1 for death or personal injury caused by the Company’s negligence;
2.3.2 under section 2(3) of the Consumer Protection Act 1987;
2.3.3 for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
2.3.4 for fraud or fraudulent misrepresentation.
2.4 Subject to the above Condition 2.3:
2.4.1 the Company’s total liability in contract, tort (including without limitation negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract with the Buyer or (without limitation) in respect of the Goods shall be limited to the original purchase price; and
2.4.2 the Company shall not be liable to the Buyer for any pure economic loss, loss of profits, loss of business, loss of contracts, damage to property, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract with the Buyer or (without limitation) the Goods.
3. APPLICABLE LAW
Each of (a) the sale of the Goods to the Buyer, (b) these Conditions, and (c) any disputes or claims arising there from or in connection therewith shall be governed by and construed in accordance with the law of England; and the Buyer and the Company irrevocably agree that the Courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the foregoing. |
