Warranty

Fitzroy of London Limited

1.0 Warranty

1.1 Warranty Coverage

Subject to the exclusions set out in Section 2.0, Fitzroy of London Limited ("the Company") warrants that the products listed below shall be free from defects in materials and workmanship under normal use and service. The Company will, at its sole discretion, repair or replace defective non-wearing parts during the applicable warranty period.

For the purposes of this Warranty:

• "Non-wearing parts" means components that are not intended to deteriorate through normal use and excludes consumable items, seals, washers, cartridges, batteries, decorative finishes and any other parts subject to normal wear and tear.
• "Lifetime" means the reasonable service life of the product as determined by Fitzroy of London Limited, subject to the product remaining in normal use and being properly maintained.

The warranty periods are as follows:

1.2 Conditions of Warranty

This Warranty applies only where products have been installed, maintained, serviced and used in accordance with the installation and maintenance instructions supplied by the Company and solely for their intended purpose.

This Warranty shall be void where a product has been:

• Installed incorrectly;
• Maintained or serviced contrary to the Company's instructions;
• Used for purposes other than those for which it was designed;
• Modified, altered, repaired, or tampered with by persons not authorised by the Company.

1.3 Repair or Replacement

Products determined by the Company to be defective due to defects in materials or workmanship shall, at the Company's sole discretion, be repaired or replaced free of charge, provided that:

• The Company receives notification of the alleged defect within the applicable warranty period;
• The product has not been modified, altered, or tampered with;
• The defect has not arisen as a result of incorrect storage, installation, misuse, accidental or wilful damage, fair wear and tear, neglect, improper maintenance or abnormal operating conditions;
• The customer provides such information, photographs or evidence as the Company may reasonably require to assess the claim.

The Company reserves the right to inspect, test and examine any product that is the subject of a warranty claim before determining whether repair or replacement is appropriate.

2.0 Exclusions

2.1 Excluded Circumstances

The Company shall not be liable for any defect, loss, damage or failure arising from:

• Misuse, abuse or improper operation of the product;
• Over-tightening of fittings or fixings;
• Failure to install, maintain or service the product in accordance with the instructions provided by the Company;
• The use of bleach, aggressive cleaning agents, chemical additives or other substances in toilet cisterns or elsewhere which may adversely affect product performance;
• Fair wear and tear;
• Accidental damage, vandalism or neglect;
• Incorrect storage, transportation or handling after delivery.

2.2 Excluded Parts

This Warranty does not extend to consumable or wearing components, including but not limited to seals, washers, cartridges, batteries, decorative finishes and any parts reasonably expected to require replacement during the normal life of the product.

3.0 Liability

3.1 Statutory Rights

This Warranty is provided in addition to, and does not affect, any statutory rights available to customers under applicable consumer protection legislation.

Nothing in this Warranty shall exclude or limit liability where such exclusion or limitation would be unlawful.

3.2 Liability Not Excluded

The Company does not exclude or limit its liability for:

• Breach of any terms implied by Section 12 of the Sale of Goods Act 1979;
• Death or personal injury caused by the negligence of the Company, its employees, agents or subcontractors;
• Liability arising under the Consumer Protection Act 1987;
• Any other liability which cannot legally be excluded or limited.

3.3 Limitation of Liability

Subject to Section 3.2, the Company's sole obligation and liability under this Warranty shall be limited to the repair or replacement, at its discretion, of defective products or defective non-wearing components supplied by the Company.

3.4 Warranty Claims Procedure

The customer is responsible for returning products to the Company for inspection where reasonably requested. The customer shall be responsible for ensuring that returned products are adequately packaged and insured against loss or damage while in transit.

3.5 Exclusion of Consequential Loss

Subject always to Section 3.2, the Company shall not be liable under this Warranty for any:

• Loss of income;
• Loss of profit;
• Loss of business;
• Loss of contracts;
• Loss of goodwill; or
• Indirect, incidental, special or consequential loss or damage, however arising, including but not limited to costs associated with dismantling, removal, reinstallation, site attendance, reinstatement works or water damage.

Important: This Warranty applies only to products supplied by Fitzroy of London Limited and is valid only where products have been correctly installed, maintained and used in accordance with the Company's instructions.