Terms & Conditions

Background

Subject to the conditions of this warranty set out below, Abecca by Design (the “Company”), warrants to the initial purchaser only (the “customer”, “you”) that the warranty mentioned in the following, is that from the date of purchase that the said product sold under the Abecca by Design brand (each a “Product”), will be free from defects in manufacture.

Our liability to you is limited by the warranties given to you in this document. Any condition, warranty or other implied term not expressly contained in this contract is excluded. You acknowledge that you are contracting with us for the purpose of your business, and that the provisions of the Consumer Guarantees Act 1993 will not apply.

 

This warranty is strictly subject to the following conditions. The customer acknowledges that failure to adhere to these conditions shall void this warranty

Overview

At Abecca by Design, we take pride in the quality and durability of our foam-structured products. We offer a ‘7-year structural warranty’ and a ‘3-year exterior covering guarantee’ for our Armadillo furniture products when used in accordance with our care instructions and within the intended environment.

We offer a 2-year warranty on all Eagle, Hawk, Kauri and Totara products when used in accordance with our care instructions and within the intended environment.

These warranties cover defects in materials and workmanship under normal use and service conditions.

  • Structural Warranty

We provide a 7-year warranty from the date of purchase on the structural integrity of the foam-structured furniture. This warranty covers the internal foam structure, on our Armadillo™  products.

  • Exterior Covering Guarantee

We offer a 3-year guarantee from the date of purchase on the exterior covering of Armadillo™  products

  • Validating your warranty

Please Note:

Before cleaning your products with any chemical-based cleaning solutions, we recommend getting the cleaner approved by Abecca to guarantee your furniture is covered for the full warranty period. Contact for approval is via our customer service team: [email protected]

We also recommend keeping a weekly cleaning log as communicated at the time of your purchase.

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, and 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 at all.
  3. In some cases, we may request the product to be returned to our facility for inspection; return freight will be at the responsibility and cost of the customer, and in the case of a 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. Structural Warranty

The 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.

 

Exterior Covering Guarantee

The exterior covering guarantee covers issues such as:

 

a. Premature wear of the finish of the Armadillo™ products under normal use.

 

8. Where this 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               

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 items(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 discolouration from UV exposure.

d. Variation in colour, pattern, 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 mould, 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 are 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 is allowed for but 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 and

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, and historical warranty obligations are superseded by this document.

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