Warranty
Conditions
Your warranty is limited to you, the original purchaser of the product, and also limited to the product that is the subject of your purchase (the “Product”). As such, this warranty is only valid for as long as you own the Product. As the original purchaser, you also acknowledge that you will be responsible for determining whether the Product is appropriate for use.
Coverage
Benedict and Simone warrants to you that the Product: (a) conforms to Benedict and Simone's published product specifications; and (b) is free from defects in material or craftsmanship. The duration of your Warranty (“Warranty Period”) depends on the type of Products you purchased. Within the applicable Warranty Period, if you discover the Product fails to conform to specifications or contains a defect in material or craftsmanship, you must promptly notify us in writing. To be effective, this notification must be received by Benedict and Simone prior to the expiration of the applicable Warranty Period of one year.
Returns
Within a reasonable time after notification (but no later than the expiration of your applicable Warranty Period) you must return the Product to us at the address we will supply to you. In order for us to quickly repair or replace your returned Product, you must provide the following information in your return: (a) the order number; (b) a return shipping address; (c) a daytime phone number; (d) a copy of the original purchase receipt; and (e) the reason for the return. You will be responsible for the cost of insuring and shipping the returned Product to us. Any damage incurred due to your improper transport or packaging of the returned Product will not be covered under this Warranty. If the Product is returned after the Warranty Period, or if the repair or replacement is not covered under the Warranty as set forth in the Coverage section, you must approve any repair or replacement of the Product and the cost.
Service + Repair
Within thirty (30) days of receipt of your returned Product, Benedict and Simone will: correct any failure of the Product to conform to our published specifications; or correct any defect in material or craftsmanship. We will use either new replacement parts or used parts that are equal to new parts in performance and reliability. We will cover the expense of repair and replacement (including both parts and labor). We will perform all Warranty service at the location to which the Product is sent, and as such, we reserve the right to determine the labor method used during replacement or repair of the Product. If we are unable to repair the Product to conform to the Warranty, we will have the option of providing you with: (a) a replacement Product, or (b) a full refund of the purchase price. When returning the repaired or replacement Product to you, we only will pay for standard shipping charges. You will be required to pay for any additional shipping options (such as express shipping).
Exclusions
In this Warranty, we do not warrant any: (a) matching of colour, grain or texture, except to within commercially acceptable standards; (b) defect caused by failure to provide a suitable installation environment for the Product; (c) failure to install the Product adequately; (d) damage caused by use of the Product for purposes other than those for which it was designed, including without limitation damage caused by failure to operate the Product with the design and mechanical limitation; (e) damage caused by acts beyond our control (including without limitation fire, flood, inclement weather, and/or earthquake); (f) damage caused by your improper, inadequate, or unauthorised attachments or modification; (i) cosmetic damage, including without limitation scratches and dents unless failure has occurred due to a defect in materials or craftsmanship; or (j) other abuse, negligence, or misuse by you.
Limitation of Liability
Except as provided in this warranty and the maximum extent permitted by law, Benedict and Simone will not be liable for any direct, special, incidental, or consequential damages based upon breach of warranty, breach of contract, negligence, strict tort or any other legal theory. Such damages include, without limitation, loss of actual or anticipated profits (including loss of profits on contacts), loss of savings and revenue, loss of use of the Product or any associated equipment, cost of capital, cost of any substitute equipment, facilities or services, down time, the claims of third parties, and in injury to property. If monetary damages are permitted, such damages will be limited to the purchase price of the product. This limitation does not apply to claims for death or personal injury. Some states do not allow limits on warranties, or on remedies for breach in certain transactions. In such states, the limits in this section and in the warranty title of this section may not apply.
Commencement of action
Any action for breach of warranty must be commenced within one (1) year after the cause of action has accrued. As the purchaser, you agree and acknowledge that a cause of action accrues when the breach occurs, regardless of your lack of knowledge of the breach.
Acceptance by purchaser
Shipment of the Product, acceptance of the Product, acknowledgment of receipt of the Product, or payment for the Product will constitute your acceptance of this Warranty and its terms. In the event you make an offer on the Product, acceptance by Benedict and Simone of your order and formation of a valid and enforceable contact of sale is expressly conditioned upon your acceptance of the terms and conditions set forth in this Warranty.
No other warranties
Unless modified in a writing signed by you and Benedict and Simone, this Warranty is understood to be the complete and exclusive agreement between the parties, superseding all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this agreement. No employee, reseller, or agent of Benedict and Simone or any other party is authorised to make any modifications, extensions, or additions to the commitments made in this Warranty.
Allocation of risks
This Warranty allocates the risks of Product failure between you and Benedict and Simone. This allocation is recognised by both parties and is reflected in the price of the Product. As the original purchaser, you acknowledge that you have read this Warranty, understand it, and are bound by its terms.
Thanks for your cooperation.