Sunview Solariums warrants that the components used in the manufacture of the Britannia Conservatory System will be of satisfactory quality and reasonably fit for any purpose for which they are commonly supplied. This warranty will remain in effect during the Relevant Period and for so long as you are the owner of the Property.
The relevant period in the case of the system components for this purpose is 10 years from the date of delivery.
This warranty may be transferred to the subsequent owner of the Property by the original purchaser, provided Sunview Solariums receives written notice within thirty (30) days of the transfer of the Property. Failure to do so shall result in the termination of any obligations on the part of Sunview Solariums.
This warranty will not apply where any defect arises from any specification supplied by or on behalf of the purchaser or arises from reasonable wear and tear, willful damage, negligence by anyone not employed directly or indirectly by Sunview Solariums, abnormal working conditions, misuse or alteration or repair of the components without written approval or arises from any failure to follow Sunview Solariums recommendations or instructions concerning the installation, maintenance or use of the components. The Purchaser acknowledges that the Britannia Conservatory System components are intended for use in temperate environmental conditions, and use of the components where (i.e. ranges of environmental conditions including without limitation ultra violet light, heat or humidity is not in accordance with their recommendations and instructions will not be covered by this warranty. This warranty will also not apply: (i) if the total price for the components has not been paid by the date due for payment; (ii) to any parts materials or equipment not manufactured by Sunview Solariums, in respect of which the purchaser shall only be entitled to the benefit of any warranty or guarantee as is given by the manufacturer to Sunview Solariums: or (iii) to any perils usually treated as insurance risks, including. without limitation, fire, flood, earthquakes. lightning, falling debris or trees, acts of god and vandalism whether or not such insurance is actually held.
Within the obligations of this warranty Sunview Solariums has the right to exercise one of two options at their discretion: (i) refund the purchase price (if already paid) attributable to the faulty materials or (ii) repair, rectify or replace the faulty materials (provided that the purchaser provides and maintains safe access to such materials for Sunview Solariums or its agents). Sunview Solariums reserves the right to discontinue or change any of its products without giving notice to the original purchaser or subsequent owner. In lieu event of such discontinuance or change. Sunview Solariums shall not be liable to the original purchaser or subsequent owner. Should a product covered by this warranty be unavailable, Sunview Solariums reserves the right to substitute a product that is of equal or comparable quality or price according to Sunview Solariums sole discretion.
THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, LIABILITIES OR OBLIGATIONS OF SUVIEW SOLARIUMS EITHER EXPRESS OR IMPLIED. IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE HOWSOEVER AND WHATEVER THE CAUSE THEREOF, EXCEPT THAT NOTHING HEREIN SHALL EXCLUDE OR LIMIT THE LIABILITY OF Britannia Conservatory Systems FOR DEATH OR PERSONAL INJURY CAUSED BY SUNVIEW SOLARIUMS NEGLIGENCE AND EXCEPT THAT THE DURATION OF ANY IMPLIED WARRANTIES OF MERCHANT-ABILITY. SATISFACTORY QUALITY AND FITNESS FOR PURPOSE ARE LIMITED IN TIME TO THE 10 YEAR DURATION OF THIS WARRANTY. SUNVIEW SOLARIUMS SHALL IN NO EVENT BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL OR ECONOMIC OR SPECIAL LOSSES OR DAMAGES OF ANY KIND FOR BREACH OF ANY EXPRESS. WRITTEN OR ORAL OR LIMITED WARRANTY ON PRODUCTS. YOUR EXCLUSIVE REMEDY SHALL, BE IN ENFORCEMENT OF THIS WARRANTY UPON THE TERMS AND CONDITIONS HEREIN CONTAINED. NO REPRESENTATIVE OF SUNVIEW SOLARIUMS OR ITS DISTRIBUTORS OR DEALERS IS AUTHORIZED TO MAKE ANY CHANGE OR MODIFICATION TO THIS WARRANTY.
Some jurisdictions do not allow limitation on how long an implied warranty lasts, so the limitations contained herein above may not apply to you. Some jurisdictions do not allow the exclusion or limitation of consequential or incidental or economic or special losses or damages, so the above limitations and exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, all of which vary from jurisdiction to jurisdiction.