Terms

1. The product must be applied and maintained strictly in accordance with the relevant company technical literature and maintenance guidelines.

2. Please reach out to [email protected] and request a warranty claim form. Fill in the necessary fields, including providing photos of the damage. We will require the product serial number, cleaning products used, your cleaning log, photos of the damage, and a description of the damage. Please remove the product from use immediately to ensure the structure of the foam isn’t compromised.

3. In some cases, we may request the product to be returned to our facility for inspection. Return freight will be the responsibility and cost of the customer and, in the case of a valid claim, will be fully reimbursed.

4. The customer must provide proof of purchase of the product alleged to be defective and submit a written claim to the company within 30 days after the defect would have become apparent to a reasonably diligent person.

5. The customer must allow the company, within 10 working days of notification of the claim, to promptly inspect the product or request photographs or other proof to verify the defect.

6. Unless agreed by us in writing, the warranties given by us are not assignable or transferable by you.

7. Warranty Coverage
   The warranty covers the following areas of the product:

   
   Structural Warranty
   Covers defects in the internal foam structure and any components directly related to the product’s overall integrity.
   
   This includes issues such as:
   
   a. Cracking, breaking, or premature compression of the foam
   
   b. Significant foam deformation not due to normal wear and tear

   
   Upholstery Guarantee
   
   Covers issues such as:
   
   c. Vinyl or PVC defects
   
   d. Loose stitching or unraveling seams, with the exception of misuse or abuse
   
   e. Premature wear under normal use

8. Where there is a breach of the warranties accepted by us in accordance with the above process, we undertake to repair, replace, or alter—at our option but free of charge (except for the matters specified later in this clause)—any parts of the item(s) manufactured by us which have proved defective because of faulty workmanship and/or materials.

9. For the avoidance of doubt, it is agreed that we will not be liable to you, whether in contract, tort (including negligence), equity, or (to the extent permissible at law) by virtue of the breach of any statutory duty or otherwise.

10. Without limiting in any way the exclusion set out in clause 9, we will not be liable to you for:
    
    a. Any damage or loss sustained by you except for the costs of repairing or replacing the item(s) manufactured, supplied, or installed by us

    
    b. Consequential, indirect, or special damage or loss of any kind (including loss of profits) sustained by you whether as a result of a breach of any contract in existence between us, our faulty materials or workmanship, our failure to achieve technical performance or specifications in respect of the item(s), accidents, our failure to complete or deliver the item(s) within the time stipulated, or any other cause whatsoever

    
    c. Repairs made or attempted to be made to the item(s) by you or your employees or agents without our written permission, and any consequences arising because of such repairs
    
    d. Fair wear and tear to the item(s)
    
    e. Damage caused by misuse, abuse, neglect, accidents, incidents, or improper care
    
    f. The cost of normal maintenance and adjustments to the item(s)
    
    g. Loss or damage to the item(s) arising directly or indirectly from a force majeure event
    
    h. In the event of Abecca agreeing to a warranty consideration, we reserve the right to a Pro Rata Settlement if it deems that this is the most suitable and fairest way to settle. All parties agree that all products have a useful life, and a Pro Rata Settlement agreement signals that a proportionate amount of settlement for the approximate useful life left may be in the best interest of all parties
    
    i. Final products that are made up of various components or parts may be subject to a settlement for the single part of the warranty in question, and not the other part where the warranty is not in question

11. Without limiting paragraph 9 above, the customer agrees that the company will not be liable for any claims, damages, or defects arising from or in any way attributable to:
    
    a. Poor workmanship (by any person other than the company)
    
    b. Physical abuse, misuse, accidents, exposure to excessive heat, exposure to excessive moisture, the use of solvents or inappropriate cleaning products/materials, improper maintenance, scratches, scuffs, burns, stains, wipe marks on darker colour surfaces, exposure to chemical products, or normal wear and tear
    
    c. General fading and discoloration from UV exposure
    
    d. Variation in colour, pattern, or shade of the material against the sample material or printed illustrations
    
    e. Any modifications made to the finished products such as resizing or gluing
    
    f. Growth of mold, mildew, fungi, bacteria, or any organism on any product(s) surface
    
    g. Any act of God, including earthquakes, cyclones, floods or inclement weather, or acts of war (whether declared or not), insurrection, civil disobedience or similar, or any other matter which is beyond the company’s reasonable control
    
    h. Bean bags / chairs (polystyrene filling)
    
    i. Stretched or loose upholstery, as this phenomenon—as described by our upholstery manufacturers—is usually a result of improper cleaning methods or misuse. Abecca is bound by our upholstery manufacturer’s limitations

12. This warranty also does not cover:
    
    a. Defects that are trivial and/or insubstantial and do not meet the criteria for visual defects as allowed for by the company in normal trading
    
    b. Anything that has been disclosed as a feature or limitation of the product in any literature published by the company
    
    c. Products that are sold as seconds or end-of-line products

13. Due to the nature of high-risk environments such as correctional facilities, psychiatric institutions, or other settings where our products may be subject to extraordinary use, the warranties outlined above are contingent upon proper care, maintenance, and usage according to our guidelines. Failure to adhere to these guidelines may void the warranty.

14. Please note: Replacement or repair under warranty does not extend the original warranty period.

15. Document Control: All parties agree that warranty documents are updated regularly as situations require it, and that this document is the warranty policy that is in place. Historical warranty obligations are superseded by this document.