15. THE MARLETON CROSS LTD (MX GROUP) - 5 YEAR GUARANTEE
Marleton Cross Limited (MX Group) hopes you are satisfied
with your purchase and in the unlikely event that you encounter
a problem which is caused exclusively by the MX Group
manufactured product (the “product”) we will take responsibility
on the terms set out here.
We guarantee this product, in the following terms, for a period
of 5 years, from the date of delivery, against mechanical defects
arising from faulty materials or from poor workmanship, providing
the product has been:
Installed in accordance with the fitting instructions (oral or
written), technical information supplied and/or associated
advertising;
Used strictly in accordance with all our instructions (oral or
written), associated advertising and technical data (including
product information and specification sheets) current at the time
of purchase and good working practice.
The MX Group at its discretion undertake to repair or replace
without charge, provided the product has been properly installed,
maintained and operated in accordance with the operating
instructions.
This product must not be modified, repaired or taken apart except
by a person authorised by the MX Group.
What is not covered by this guarantee
1. Any product found to be defective during this period, as the
result of misuse or damage, or the effects of scaling, will not be
covered by this guarantee.
2. Breakdown due to:
a) Use other than domestic use by you or your resident family
b) Wilful act or neglect
c) Any malfunction resulting from the incorrect use or quality
of water or incorrect setting of controls; and
d) Faulty installation.
3. Repair costs for damage caused by foreign objects of
substances or the inappropriate use of jointing compounds or
blow torches.
4. Total loss of the product due to non-availability of parts or
other reason, (MX Group will maintain stocks of spare parts for
repair for at least 5 years from end of product line to cover this
guarantee).
5. Compensations for loss of use of the product or consequential
loss of any kind.
6. Call out charges where no fault has been found with the
appliance.
7. The cost of repair or replacement of pressure relief devices,
showerheads, hoses, riser rails and/or wall bracket, tiles,
cubicles or any other parts installed at the same time.
8. The cost of routine maintenance, adjustments, overhaul
modifications or loss or damage arising there from, including
the cost of repairing damage, breakdown, malfunction caused
by corrosion, furring, pipe scaling, limescale, system debris or
frost.
9. Units purchased and installed other than in the United Kingdom.
Limitations
1. This guarantee lasts for a single continuous period of 5 years
from the date of delivery by MX Group to you the customer.
2. This guarantee is personal to the original purchaser of the
product and is not transferable.
3. Original proof of purchase(s) must be shown for any claim
under this guarantee.
4. This guarantee does not cover any products that have been
modified, altered or transformed in any way.
5. This guarantee applies to an original installation in accordance
to our fitting instructions and does not cover previously installed
products (showroom displays etc) or products that have been
moved from their original installation position for any reason.
6. This guarantee applies only to manufacturing or material
defects. It does not apply to normal wear and tear, accidental
damage, inappropriate use (including inappropriate cleaning) or
other events outside the manufacturer’s control.
7. This guarantee applies only to the product itself and any liability
on behalf of MX Group is limited to the cost of the product.
8. If a product is deemed to be of faulty manufacture MX Group
will at their discretion replace or repair the product. Any related
consequential loss or damage is excluded.
9. No claim will be accepted if a product is installed with a fault
(ours or otherwise) that would have been clearly evident before
installation.
10. We make no representations, and exclude any and all liability,
in respect of any third party products or cares supplied by way
of extensions to this guarantee.
Liability
1. Except as required or agreed by us, you will not in any
circumstances return any of the product to us, and where the
property in any of the goods returned to us has passed to you,
they will nevertheless remain your property and at your risk
unless we have agreed otherwise in writing before their return.
2. Except as stated above, we will not be liable for any direct,
consequential or other loss, damage or injury suffered or
incurred by you, and you will indemnify us fully against any
claims made by third parties, in respect of the goods or
otherwise arising from the contract.
3. Nothing contained in the contract will be treated as excluding or
restricting any liability on our part for death or personal injury
resulting from our negligence.
4. Except as stated above, and to the fullest extent permitted by
law, all conditions, warranties and representations, whether
express or implied, statutory or otherwise in relation to the
product (other than such as relate to title to the product) are
excluded.
5. You acknowledge that our prices for the goods reflect these
Terms and Conditions, and accordingly that you accept the
above limitations on and exclusions of liability in exchange for
those prices.
6. When providing information to MX-Group you understand
that you are doing this subject to our terms and other policies
(including data protection) we have in place from time to time,
copies of which are available on our website www.mx-group.
com or on request as per the MX Group contact details given
herein.
7. This guarantee does not affect your statutory rights.