Subject to the limitation of warranty set out in these terms and conditions, the Seller warrants to the Customer that the Goods that are manufactured or produced by the Seller shall be free of defects in material and/or workmanship attributable to manufacture for the duration of time that is specified in NERVAL’s warranty documents (see www.nervalcorp.com to view product warranties). The applicable product specific terms & conditions are specified in the warranty documents for each product.
The foregoing warranties do not apply to any Goods which have been subject to misuse, neglect, accident, modification, or damage resulting from improper handling after such Goods are delivered to the Carrier in good order, or from exposure by anyone other than the Seller to weather or extreme atmospheric conditions.
The foregoing warranty is EXCLUSIVE AND MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE, BY STATUTE OR OTHERWISE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE SELLER DOES NOT WARRANT ANY GOODS WHICH ARE UPHOLSTERED GOODS AND/OR SOFT GOODS FOR WEARING QUALITY, COLOURFASTNESS, FABRIC SHRINKAGE, WRINKLING, OR STRETCHING, unless expressly stated on the Seller’s Contract Fabric Books, a copy of which has been or will be provided to the Customer upon request. THE SELLER DOES NOT WARRANTY TEMPERED GLASS.
The Customer acknowledges that each piece of furniture produced by the Seller relies on Hardwood products for structural integrity and natural beauty. The Customer further acknowledges that, like all natural creations, no two trees are alike and each tree has its own distinct characteristics and unique beauty. The Customer further acknowledges that any furniture sold by the Seller to the Customer is the product of many different trees, which enhances the beauty and individuality of each piece of furniture produces and that, as a result of combining different trees into one piece of furniture, colour variations are inherent in the finished furniture product.
The Seller shall not be liable to the Customer for special, indirect, consequential or incidental losses or damages of any kind or nature whatsoever, or other costs, charges, penalties or liquidated damages, regardless of whether arising from breach of contract, warranty, tort, strict liability or otherwise, even if advised of the possibility of such loss or damage or if such loss or damage could have been reasonably foreseen.
The Seller’s sole obligation for failing to comply with this warranty shall be, at its sole discretion, to either repair, replace or issue credit for any nonconforming or defective Goods where, within the above warranty period: (i) the Seller has received written notice of any nonconforming or defective Goods; (ii) after obtaining the Seller’s written authorization, the Customer has, at its sole cost and expense, returned such nonconforming or defective Goods to the Seller; and (iii) the Seller has determined that the Goods are nonconforming or defective and that such nonconformity or defect is not the result of some misuse by the Customer, or any third party.