PLAYTIME ONE-YEAR LIMITED WARRANTY AND LIMITATION OF LIABILITY
Warranties: For one year following the sale and installation of the Goods and subject to the exclusions below, PLAYTIME warrants to the Purchaser that: (a) the materials, workmanship, and packaging of the Goods shall be free from defects and the Goods shall be fit for their intended purpose, which purpose is set out in PLAYTIME’s “Maintenance and Safety Manual” as amended from time to time by PLAYTIME (the “Manual”), a copy of which the Purchaser shall receive on delivery of the Goods. (b) the Services shall be performed in a good and workmanlike manner in accordance with general standards within the play equipment industry. (c) THE ABOVE WARRANTIES SHALL NOT APPLY: (I) IF THE PURCHASER TREATS OR USES, OR ALLOWS THE TREATMENT OR USE OF, THE GOODS IN A MANNER CONTRARY TO THE MANNER OF USE RECOMMENDED IN THE MANUAL OR IN A MANNER CONTRARY TO THE MANNER OF USE OTHERWISE SUGGESTED OR RECOMMENDED BY PLAYTIME, OR (II) IN RESPECT OF DAMAGE ARISING OR OCCURRING AS A RESULT OF THE ORDINARY WEAR AND TEAR OF THE GOODS, THE IMPROPER REPAIR OR MAINTENANCE OF THE GOODS BY SOMEONE OTHER THAN PLAYTIME, A FORCE MAJEURE EVENT, VANDALISM, GRAFFITI OR SIMILAR MISUSE OR ABUSE OF THE GOODS. VINYL TEARS AND CARPET SNAGS ARE CONSIDERED ORDINARY WEAR AND TEAR AND THEREFORE ARE NOT COVERED AS A PART OF THE ABOVE WARRANTIES. (d) ALL OTHER CONDITIONS AND WARRANTIES IN RELATION TO THE GOODS AND SERVICES, WHETHER EXPRESS OR IMPLIED, AND WHETHER UNDER STATUTE OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR THAT THE GOODS ARE FIT FOR ANY OTHER PURPOSE, ARE EXCLUDED AND DO NOT APPLY. ANY ACTION FOR BREACH OF CONDITION OR WARRANTY MUST BE BROUGHT BY THE PURCHASER WITHIN ONE YEAR OF THE DATE OF FINAL PAYMENT ON THE ORDER.
Limitation of Liability: Within a reasonable time of being notified by the Purchaser of a problem in relation to the Goods or the Services and to which a warranty under the above “Warranty” applies, PLAYTIME will, in its discretion, either repair the problem or replace the relevant part of the Goods, or re-supply the Services, materials and local labor included (subject to any Force Majeure Event). PLAYTIME’S LIABILITY UNDER THIS SECTION AND THE ABOVE WARRANTY SECTION, OR ANY OTHER LIABILITY OF PLAYTIME, WILL BE LIMITED TO THE LESSER COST OF REPAIRING OR REPLACING THE GOODS, OR RE-SUPPLYING THE SERVICES. IN NO CASE WILL PLAYTIME BE LIABLE TO THE PURCHASER FOR DAMAGES OF ANY SORT, INCLUDING WITHOUT LIMITATION, FOR ANY INJURIES, DAMAGES OR OTHER REMOTE OR CONSEQUENTIAL DAMAGES.
This warranty is subject to change or as amended or superseded by the actual purchase agreement or proposal from PLAYTIME. All warranties and limitations of liability are to be determined by the actual contract of the parties or its amendments.