Subject as expressly provided hereunder, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
Subject to this Paragraph 9, HelloXpress warrants that the goods purchased or ordered by you will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period specific to that good purchased (the warranty period for each good is as set out in that product's description or specification as listed in this website The terms and conditions to any warranty claim of a product shall be in shall be in accordance with that stated and specified in the products' user manual book accompany that product) from the date on which the said goods are delivered or deemed to be delivered ("Warranty Period"). Where you are dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), HelloXpress further gives to you such implied warranties as cannot be excluded by law.
HelloXpress's above warranty concerning the said goods is given subject to the following conditions:
(a) No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the said goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to HelloXpress.
(b) Any description given of the said goods is given by way of identification only and the use of such description shall not constitute a sale by description.
(c) HelloXpress binds itself only to deliver said goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of HelloXpress's opinion in that behalf. HelloXpress does not give any warranty as to the quality state condition or fitness of the said goods.
(d) HelloXpress shall be under no liability for the following measures and actions taken by you or third parties and the consequences thereof: improper remedy of defects, alteration of the said goods without the prior agreement of HelloXpress, addition and insertion of parts, in particular of spare parts which do not come from HelloXpress.
(e) HelloXpress shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow the HelloXpress' guidelines, the terms and conditions of the product's user manual or instructions manual (whether oral or in writing) misuse or alteration or repair of the Goods without HelloXpress's approval.
(f) HelloXpress is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without HelloXpress's prior written approval and the Buyer shall indemnify HelloXpress against each loss liability and cost arising out of such claims.
(g) HelloXpress shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the said goods has not been paid in cleared funds by the due date for payment.
(h) HelloXpress shall be under no liability whatsoever in respect of any defect in the said goods arising after the expiry of the Warranty Period.
Any claim by you which is based on any defect in the quality or condition of the said goods or their failure to correspond with specification shall be notified to HelloXpress within three (3) days from the date of receipt of the said goods or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. During use, the said goods shall be monitored constantly with regard to safety and defects. If there are even slight reservations concerning the suitability for use or the slightest reservations concerning safety, the goods must not be used. HelloXpress shall be given written notification immediately, specifying the reservations or the defect. However in no event shall you be entitled to reject the said goods on the basis of any defect or failure, except where the failure is such that the said goods delivered are of a fundamentally different nature than those which HelloXpress had contracted to deliver.
If you do not give due notification to HelloXpress in accordance with the above paragraph, HelloXpress shall have no liability for any defect or failure or for any consequences resulting therefrom. Where any valid claim in respect of any of the said goods which is based on any defect in the quality or condition of the said goods or their failure to meet a specification is notified to HelloXpress in accordance with the above paragraph, the non-conforming said goods (or part thereof) will be repaired or replaced free of charge as originally ordered.
When HelloXpress has provided a replacement for the said goods or given you a refund, the non-conforming said goods or parts thereof shall become HelloXpress's property.