Beds
Mattresses
Bedding
Cushioning
Any warranty does not apply in circumstances where:
a. The goods or services are not defective;
b. The goods were used or services required for a purpose other than which they are intended;
c. The goods were repaired, modified or altered by any person other than Icare Medical Group;
d. The defect has arisen due to misuse, neglect or accident;
e. The defect has arisen due to the incorrect installation of the goods;
f. The goods have not been stored or maintained as recommended by Icare Medical Group or agents;
g. The defect has arisen due to normal; wear and tear on the goods; or
h. The Customer is in breach of the conditions.
In order to make claim under this warranty, a person must:
a. Provide written details/pictures of any defect in the products together with documentary proof of the date of purchase of the product within 30 days of identifying the defect;
b. Allow Icare Medical Group or its employees or agents to inspect the products;
c. Provide any information requested by Icare Medical Group in relation to the products or installation of the products.
Where Icare Medical Group supplied goods via a third party, the third party’s warranty is the only warranty provided to the Customer.
Icare Medical Group will use its best endeavours to meet any estimated dates but will in no circumstances whatsoever be liable for any loss or damage suffered by the customer or third party for failure to meet any estimated date.
The warranty is personal to the purchaser and is not able to transferred or assigned.
CONDITIONS
This warranty covers products where Icare Medical Group has established there has been a manufacturing or material defect within the warranty period. Icare Medical Group will at its discretion either repair or replace the faulty products. The original warranty expiry date will still apply to the repaired or replaced products. All warranty issues and returns are to be directed to the Original Equipment Manufacturer or Supplier of the original equipment the Icare Medical Group products has been used in. Icare Medical Group obligation is to the original Equipment Manufacturer that has purchased the products and incorporated them into the finished equipment. Fair wear and tear is not covered by warranty. Warranty will be void where the products have been altered, varied, modified, adjusted, repaired or attended to in any way without Icare Medical Group written consent or in the event that the products have been damaged, abused or used improperly or negligently in any way. This statement does not confer, extend or vary any rights to parties or alter or extend any warranties offered by the Original Equipment Manufacturer. Icare Medical Group has sold the products to the Original Equipment Manufacturer subject to our terms and conditions of sale.
LIABILITY
Except as specifically set out in these conditions, or contained in any warranty statement provided with the goods or services, any term condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services, whether implied by stature, common law, trade usage, custom or otherwise, is expressly excluded.
Replacement or repair of the goods or retroversion of the services is the absolute limit of Icare Medical Group Liability arising under or in connection with the description, quality, condition, performance, assembly, manufacturer, design, merchantability or fitness for purpose of the goods or services or alternatively the sale, use of, storage or any other dealings with the goods or service by the customer or any third party.
Icare Medical Group is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.
Icare Medical Group will not be liable for any loss or damage suffered by the Customer where Icare Medical Group has failed to meet any delivery date or cancel or suspends the supply of goods or services.
Nothing in these conditions is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any state or federal legislation applicable to the sale of goods or the provision of services which cannot be excluded, restricted or modified.
The Customer indemnifies Icare Medical Group against all liabilities and cost (including) all legal costs on an indemnity basis, expense, losses, damages or claims in any way as a result of the Customer failure to comply with any part of these conditions.