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16. WARRANTY & DISCLAIMER
Soho has a limited warranty whereby Soho warrants to you and only to you that Soho
products will be free from defects in materials and workmanship for one (1) year from
the date of your purchase of the Soho products (unless a longer warranty period is
required by law).
The specifics of this Soho limited warranty are at
https://www.sohohome.com.au/
warranty
Soho also assumes no responsibility for and shall not be liable for any damages caused
by misuse of the product or failure to follow the instructions provided.
Other than the above product warranty for the Soho products, Soho and its suppliers
disclaim all warranties of any kind, whether express, implied, or statutory, regarding the
Soho equipment. Including any implied warranty of title, merchantability, fitness for a
particular purpose, or noninfringement of third party rights. Because some jurisdictions
do not permit the exclusion of implied warranties, the last sentence of this section may
not apply to you. Soho hereby further expressly disclaims all liability for any claims for
service failures that are due to normal product wear, product misuse, abuse, product
modification, improper product selection or your non-compliance with any and all
applicable federal, state or local laws. This warranty and warranty disclaimer give
you specific legal rights, and you may have other rights that vary by state, province,
or country. Other than as permitted by law, Soho does not exclude, limit or suspend
other rights you have, including those that may arise from the nonconformity of a sales
contract. For a full understanding of your rights you should consult the laws of your
state, province, or country. For our Australian customers: please note that this warranty
is in addition to any statutory rights in Australia in relation to your goods which, pursuant
to the Australian Consumer Law, cannot be excluded.
17. LIMITATIONS & LIABILITY
Soho liability for damages, especially for breach of duty or obligation, delay in
performance, non-performance, or malperformance shall be precluded, except when
these are due to negligent breaches of any significant contractual duty or obligation
on the part of Soho. Any liability for negligence is limited to direct losses usually and
typically foreseeable in such case. Should the claim for damages be based on wilful
or grossly negligent breach of contractual duty or obligation on the part of Soho, the
preclusion and limitation of liability mentioned in the preceding sentences will not
apply. The preceding preclusion and limitation of liability will also not apply to claims
for damages arising out of loss of life, bodily injury or health impacts for which Soho
may be liable, or for non-contractual liability.
Some states and countries do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
Additionally, this provision is not intended to limit Soho’s liability in the event of Soho’s
wilful or intentional misconduct.
