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1.1 In this warranty, expressions defined in the Terms and Conditions and used in this warranty have the meaning set out in the Terms and Conditions unless otherwise expressly stated herein.
2.1 Provided the criteria in clause 3.2 is satisfied, Tellurium Q® warrants that from the date of purchase, and for a period of 7 years from the date of purchase (Extended Warranty Period), the Goods shall:
(a) Be free from material defects in design, material or workmanship; and
(b) Be of satisfactory quality (within the meaning of the Sales of Goods Act 1979).
(the Extended Warranty)
2.2 In order for the Extended Warranty at clause 3.1 to apply:
(a) the Goods must be registered within 30 days from the date of purchase; and
(b) you must retain a copy of your original sales receipt for the duration of the Extended Warranty as proof of purchase.
2.3 Subject to clause 3.4, if:
(a) You give notice in writing via email to Tellurium Q® (firstname.lastname@example.org) during the Extended Warranty Period within a reasonable time of discovery, but in any event, within 7 days from the time of discovery that some or all of the Goods do not comply with the Extended Warranty set out in clause 3.1; and
(b) Tellurium Q® is given reasonable opportunity to examine such Goods;
Tellurium Q® shall, at its option, repair or replace the defective Goods. Where the Goods are defective, Tellurium Q® shall pay for the reasonable shipping costs in returning the Goods to the original retailer.
2.4 Tellurium Q® shall not be liable for the Goods’ failure to comply with the Extended Warranty set out in clause 3.1 in any of the following events:
(a) you make any further use of such Goods after giving notice in accordance with clause 3;
(b) the defect arises because you failed to follow Tellurium Q® ’s oral or written instructions as to the storage, commissioning, installation, use, and maintenance of the Goods or (if there are none) good trade practice regarding the same;
(c) you alter or repair such Goods without the written consent of Tellurium Q® ;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions carried out by you or any third party; or
(e) the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements;
(f) abnormal, improper or unreasonable use, including repairs, intrusions into or alterations of Goods by a person other than Tellurium Q® personnel;
(g) damage to Tellurium Q® Goods while in possession of a shipper, retailer, or consumer and not caused by defects in materials or workmanship;
(h) where the serial number has been defaced, modified or removed from the Goods (if applicable); or
(i) any Tellurium Q® Goods purchased outside an area supported by a Tellurium Q® authorised seller unless the Goods are obtained directly from Tellurium Q® .
2.5 The cable service provided by Tellurium Q® is excluded from this warranty.
2.6 Except provided in this clause 3, Tellurium Q® shall have no liability to you in respect of Goods’ failure to comply with the Extended Warranty set out in clause 3.1.
2.7 The terms implied by Section 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from this warranty.
2.8 This clause 3 and clause 4 shall apply to any repaired or replacement Goods supplied by Tellurium Q® .
Governing law and jurisdiction
3.1 This warranty and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales.
3.2 The parties irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, this warranty or its subject matter or formation (including non-contractual disputes or claims).