1. This warranty is issued by Polar Bear Design Limited (registered in England and Wales with company number 10189595) ("Polar Bear Design").
2. Unless specified otherwise by Polar Bear Design it shall be deemed incorporated into any contract for the sale of Polar Bear Design products that Polar Bear Design (or any authorised dealer of Polar Bear Design) enters into with any purchaser and Polar Bear Design issues it in consideration of the purchase price payable by the purchaser under any such contract for sale. A list of Polar Bear Design’s authorised dealers is available on its website.
3. Polar Bear Design warrants to the purchaser of any product produced by Polar Bear Design that it shall be free from defects in materials and workmanship under normal use for one (1) year from the date of its purchase from Polar Bear Design, subject to the following exceptions:
3.1. any product that has had its serial number removed, defaced, or modified;
3.2. any product that has had its warranty label removed, defaced, or modified;
3.3. any defect that is attributed to accident, misuse, abuse, negligence or non-observance of the product user guide on the part of the installer, owner or user;
3.4. any defect caused by abnormal or unreasonable use, including (but not limited to) unauthorised system modifications, repairs, and specifically, alterations by a person or party other than Polar Bear Design or its authorised agents; and
3.5. any defect resulting from any act beyond the reasonable control of Polar Bear Design including (but not limited to) lightning strikes or floods, (the "Warranty").
4. The Warranty applies only to products purchased directly from Polar Bear Design or an authorised Polar Bear Design dealer within their authorised territory.
5. Should any product be in breach of the Warranty, then Polar Bear may elect (at its sole discretion) to repair, replace or refund it. This shall be the purchaser’s sole right and remedy in respect of any breach of Warranty.
6. In order for Polar Bear to repair, replace or refund any product due to breach of Warranty, the purchaser must return it to Polar Bear Design. All products returned to Polar Bear Design require a Return Material Authorisation ("RMA") number. The RMA number should be obtained from the Polar Bear Design RMA Department.
7. When a product is returned, the RMA number must be clearly marked on the outside of each box. The RMA is valid for a 30-day period. After the 30-day period the RMA will be cancelled. Any shipments received not consistent with the RMA, or after the RMA is cancelled, will be refused. Polar Bear Design is not responsible for products returned without a valid RMA number. Products purchased from an authorised Polar Bear Design dealer should be returned via that dealer.
8. Polar Bear Design is not liable for any damages caused by its products or for the failure of its products to perform beyond the scope of the Warranty.
9. The following limitations of liability shall apply in favour of Polar Bear Design:
9.1.1. under no circumstances shall Polar Bear Design be liable by virtue of breach of the Warranty or otherwise for any special, indirect, secondary or consequential damages of any nature arising out of any use or inability to use the product;
9.1.2. Polar Bear Design is not liable for any claim made against it by any third party, or by a Polar Bear Design Dealer on behalf of a third party;
9.1.3. these limitations of liability apply whether damages are sought, or a claim is made, under the Warranty or as a tort claim (including negligence and strict product liability), a contract claim, or any other claim;
9.1.4. these limitations of liability cannot be waived or amended by any person;
9.1.5. these limitations of liability will be effective even if Polar Bear Design or an authorised representative of Polar Bear Design has been advised of the possibility of any such damages; and
9.1.6. these limitations of liability, however, will not apply to claims for death or personal injury caused by the negligence of Polar Bear Design.
10. Except as expressly set forth in the Warranty, Polar Bear Design makes no other warranties, expressed or implied, including any implied warranties of merchantability or fitness for a particular purpose. Polar Bear Design expressly disclaims all warranties not stated in the Warranty. Any implied warranties that may be imposed by law are limited to the terms of the Warranty.
11. This document, and any agreement into which it may be incorporated, shall be governed by English Law and the English Courts shall have exclusive jurisdiction for the hearing of any dispute between the parties in connection with its subject matter.
21 May 2024, 4142-1624-2256, v. 2