10 YEAR MANUFACTURER'S WARRANTY
Wilson Fabrics conditionally warrants to the End Customer that its Australian Made blinds and drapery fabrics will maintain their functionality under normal conditions of use and treatment for a period of ten (10) years from the date of the original invoice for the good.
This ten (10) year Warranty applies to all Wilson Fabrics Australian Made Blind and Drapery Fabrics.
This warranty does not cover normal changes to the fabric properties which occur during exposure to ambient conditions.
A valid claim under this Manufacturer’s Warrant can only be made if:
(a) the original purchase invoice (or sufficient evidence of purchase) is provided to the Company;
(b) satisfactory evidence of the damage to the fabric that is the subject of the claim must be provided which may include photos, videos and physical evidence.
(c) the fabric has been used in the intended application;
(d) the fabric has been properly assembled for the appropriate end use application;
(e) the fabric remains in its original installed location;
(f) the fabric is to be maintained in accordance with the Company’s care instructions including being used, stored and cleaned under normal conditions
(g) the End Customer must make a report to the Company’s Quality Department; and
(h) defective fabric must be returned to the Company without hardware and within thirty (30) days after the defect or loss of functionality has been discovered.
This warranty does not apply where there is deterioration of the fabric caused by:
(a) normal fair wear and tear to the fabric
(b) improper use of the fabric;
(c) external contamination of the fabric;
(d) improper use of the fabric during assembly;
(e) failure to follow the Company’s care instructions including being used, stored and cleaned under normal conditions;
(f) failure to use appropriate cleaning agents or instruments on the fabric;
(g) exposure to extreme weather and environmental conditions and/or air pollution;
(h) fabric quality claims including but not limited to colour variations, weaving abnormalities, or other defects that were know prior to fabrication or installation.
The manufacturer’s warranty does not cover:
(a) the costs of labour, dismantling the fabric from hardware or other installation, reassembly of replacement fabric onto hardware or other installation, transport or shipping, loss of time or inconvenience;
(b) force majeure including, without limitation, storm, fire, floods, standing water, explosions, earthquakes, vandalism, riots, acts of war, pollutants, acts of God or other occurrences beyond the control of the Company.
Under this warranty, Wilson Fabrics’ sole obligation, and the customer’s sole remedy, will be the replacement of nonconforming fabric, timely returned to Wilson, after inspection and agreement by its Quality Department. Such replacement will be with like or similar fabrics.
Under this manufacturer’s warranty, if the Company has accepted a warranty claim, the Company’s obligation and the End Customer’s remedy will be calculated on a pro-rata basis, dependent on the length of time between the purchase of the goods and the time the warranty claim is made.
Year 1-5 – free replacement
Year 5-6 – 90% credit
Year 6-7 – 80% credit
Year 7-8 – 70% credit
Year 8-9 – 50% credit
Year 9-10 – 30% credit
The Customer must notify the End Customer of these Conditions of Sale that are applicable to the End Customer by providing a copy of relevant terms to the End Customer or providing the End Customer with an online link to the applicable terms, as accessible on the Company’s website.
Before the Customer returns any goods to the Company that may be subject to the warranty under this clause 10, the Customer must direct the End Customer to the Company’s Website and have them contact Quality Department of the Company to administer the Warranty claim.
If the Customer honours a manufacturer’s warranty claim without the consent of the Company then the Company’s must ensure that the End Customer has acted in compliance with these terms and has provided all required evidence to support their claim, and to establish than none of the exceptions to the warranty apply. Failure to provide the Company with such evidence will result in the Company not reimbursing the Customer in relation to any amount paid by the Customer to the End Customer in respect of that claim.
Under this Manufacturer’s Warranty, the Company will have no liability for:
(a) the cost of delivery from the Customer to the Company;
(b) the cost of removal of the returned goods; and
(c) the cost of reinstallation of the goods for the End Customer.
The Company’s assessment of compliance and subsequent decision under this clause 10 is:
(a) to be assessed solely by the Company in reference to the satisfaction of these Conditions of Sale by the End Customer and the Customer;
(b) is independent of the Customer’s decision to issue a full or partial refund, accept return of the goods from the End Customer or whatever the case may be; and
(c) is final.
To the extent that any legislation permits the Company to limit its liability for the breach of any condition or warranty applying by virtue of that legislation then its liability for any such breach shall be limited to the extent permitted and subject thereto, to:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair or rework of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(d) expressly, the company will not consider or pay any claims for on-costs or profit-loss associated with the customers processes of goods purchased from the Company; and
(e) all other conditions and warranties which might otherwise be implied by law and which may be excluded are expressly excluded.
In no event shall Wilson Fabrics be liable for loss of profits or revenues, loss of use or similar economic loss, or for any indirect, special, incidental, consequential or similar damages arising out of the sale of fabric to the direct customer, or any claim made against the direct customer by any third party, even if the Company has been advised of the possibility of such claim. In no event shall the Company’s liability exceed the purchase price actually paid by the direct customer for the good in respect of which such claim is made.
Except as expressly provided in this warranty, Wilson Fabrics makes no representations or warranties of any kind, nature or description, express or implied, including without limitation, any implied warranty of merchantability or fitness of any fabric for any particular purpose, and Wilson Fabrics hereby disclaims any and all such warranties.