1. The terms and conditions set out in this warranty (this “Warranty”) comprise the only warranty of Sumchi Limited (the “Seller”) in relation to any products (the “Products”) that it sells to buyers of the Products (the “Buyer”).
2. The Seller hereby warrants to the Buyer that:
(a) the Products will be of merchantable quality at the time of delivery of the Products to the Buyer; and
(b) for a period of six months from the date of delivery of the Products to the Buyer, the Products will be free from defects in materials manufactured or supplied by the Seller.
3. The sole obligation of the Seller under this Warranty is, at the option of the Seller, to either:
(a) repair or replace the defects in the Products as soon as reasonably practicable; or
(b) pay the Buyer as soon as reasonably practicable an amount equal to the full repair or replacement cost (whichever is lower) required to remedy the defects in the Products.
4. The Seller will have no liability to the Buyer under this Warranty:
(a) in respect of goods, parts or equipment that were not manufactured or supplied by the Seller;
(b) if the total price for the relevant Products has not been paid by the due date for payment;
(c) if the Buyer fails to follow the warranty claim procedures set out in this Warranty;
(d) after the expiry of six months from the date of delivery of the relevant Products; or
(e) to the extent that the defect in the Products was caused or contributed by:
(i) any goods, parts or equipment not supplied by the Seller;
(ii) any failure to maintain or use the Products in compliance with any specifications, guidelines, manuals, procedures or instructions of the Seller in relation to such maintenance or use;
(iii) any repair work to the Products that was performed or permitted to be performed by any maintenance or repair personnel that were not approved in advance by the Seller;
(iv) any use of the Products for any purpose other than a purpose for which the Seller has confirmed to the Buyer that the Products are suitable for;
(v) any inadequacy in the standard and suitability of any goods, parts or equipment not manufactured or supplied by the Seller and to which the Products are attached or required to interact;
(vi) any damage to the Products that is not caused by the Seller; or
(vii) any deterioration in the Products that is attributable to normal wear and tear.
5. All claims under this Warranty must be made by the Buyer to the Seller:
(a) immediately upon delivery of the Products, if the defect can be ascertained upon visual inspection of the Products; or
(b) in the event that it has not been possible to ascertain the defect through visual inspection on installation of the Products, as soon as the defect is discovered, but at latest within 30 days of date of discovery of the relevant defect.
6. All claims under this Warranty must be notified in writing to the Seller at the following address: 10C Gaylord Commercial Building, 114-118 Lockhart Road, Wanchai, Hong Kong, or such other address as the Seller may notify the Buyer.
7. When giving notice of a claim under this Warranty, the Buyer must:
(a) quote the order number of the Products to which such claim relates;
(b) state fully the facts on which the claim is based;
(c) send to the Seller, then or as soon as possible thereafter, the defective Products or parts of the Products and all documents which support the claim (including, without limitation, all supporting receipts and vouchers to evidence any claim for labour costs or costs of replacement of the defective Products or parts of Products); and
(d) grant the Seller and its representatives such facilities and access as the Seller may reasonably request for the purpose of investigating the merits of the Warranty claim.
8. If the Seller accepts responsibility for the claim by mutual agreement with the Buyer, or such responsibility is confirmed by a final Court order given by a court of competent jurisdiction, then the Seller will comply with its obligations under this Warranty within a period of 30 days.
9. The Products are not sold as medical devices, or to cure or treat diseases, illnesses, injuries or ailments.
10. Magnetic therapy is not intended to replace any instructions, prescriptions or directions prescribed by a medical or veterinary practitioner.
11. No information, methods, processes, techniques, consultations, recommendations or treatments referred to or described by the Seller (“Information”) has been reviewed, confirmed or supported by any medical or veterinary practitioner or other regulatory or approval body, or does not constitute professional veterinarian or medical advice.
12. The Seller and its officers, employees, contractors, agents, manufacturers or distributors (“Relevant Persons”) are not licensed veterinarians or medical or health practitioners, and do not provide veterinarian or medical advice, diagnosis or treatment. The Buyer must not rely on the Information in connection with any disease, illness, injury or ailment for which the Buyer should seek veterinarian or medical advice, diagnosis or treatment.
13. No claim or guarantee of any nature has been made or authorised by the Seller or its Relevant Persons regarding specific benefits or improvement in the overall state of health or condition of any person or animal arising from or in connection with use or application of the Products or Information.
14. The Buyer must not modify, change or suspend any prescription, medication or veterinarian treatment that any person or animal is receiving based on any the Information, without first consulting the veterinarian or health care practitioner who has been prescribing the medication or treatment program.
15. Magnetic products should not be used by and are not recommended for any person or animal that has been fitted with a pacemaker, defibrillator, or any other implanted electro-medical device or those who are pregnant.
16. Magnets may adversely affect computer disks, videotapes, video monitors, credit cards and other similar devices.
17. The content of the Seller’s website (including text, graphics, images, techniques, information obtained from contributors and all other content) is offered for general informational purposes only. No content on the Seller’s website is intended to be a substitute for professional medical advice, diagnosis or treatment. The Seller does not represent that information on its website is accurate, adequate, current, reliable or comprehensive. Any information, stories, examples, or testimonials presented on this website do not constitute a warranty, guarantee, or prediction regarding the use of any Products.
18. Save as expressly provided for in this Warranty, the Seller does not have any liability to the Buyer or any third party arising out of or in connection with the manufacture, sale, supply or use of the Products or Information by the Seller or any other person (whether loss of profits, loss of business opportunity, loss of goodwill, loss of anticipated savings or benefits, or for any type of indirect, special or consequential loss, even if that loss or damage was reasonably foreseeable or the Seller was aware of the possibility of that loss or damage arising).
19. All conditions, warranties or other terms that are express or implied by law or otherwise inconsistent with this Warranty are hereby excluded to the fullest extent permitted by applicable laws.
20. Nothing in this Warranty excludes the liability of the Seller for death or personal injury caused by its negligence.
21. The Buyer agrees to indemnify and hold harmless the Seller from and against all claims, damages, costs (including all reasonable legal fees and costs) or liabilities that arise from or are in connection with negligence, misconduct, recklessness or misuse of the Buyer or any third party under its control, authority, vicarious responsibility or guardianship when using the Products or Information.
22. The Buyer hereby irrevocably releases the Sellers and its Relevant Persons from, and covenants to the Seller not to sue or make any claims against the Seller or its Relevant Persons for, any and all liability, claims, demands, actions and causes of action arising out of or in connection with any loss, damage, death, injury or property damage to any person or animal arising from use of the Products or Information that:
(a) breaches the written specifications, guidelines, manuals, procedures or instructions of the Seller in relation to maintenance or use of the Products or Information;
(b) occurs after six months from the date of delivery of the relevant Products;
(c) is in conjunction with any goods, parts or equipment not supplied by the Seller;
(d) occurs after repair work to the Products that was performed or permitted to be performed by any maintenance or repair personnel that were not approved in advance by the Seller; or
(e) is for any purpose other than a purpose for which the Seller has confirmed to the Buyer that the Products are suitable for.
23. If any covenant, condition or other provision contained in this Warranty is held to be invalid, void or illegal by any court of competent jurisdiction, such provision will be deemed severable from the remainder of this Warranty and will in no way affect, impair or invalidate any other covenant, condition or other provision contained in this Warranty.
24. The Buyer may not directly or indirectly assign, transfer, charge or otherwise dispose of (including by way of sub-contract) any of its rights or obligations under this Warranty except with the prior written consent of the Seller (which consent may be withheld in its absolute discretion).
25. This Warranty is governed by and must be construed in accordance with the laws of the Hong Kong SAR, whose Courts have non-exclusive jurisdiction in relation to any dispute arising out of or in connection with this Warranty.