THIS LIMITED WARRANTY IS MADE BETWEEN MXM Creative (Pty)Ltd. (“MXM”) AND THE ORIGINAL PURCHASER (“YOU”) OF GOODS SOLD DIRECTLY TO YOU BY MXM (THE “GOODS”). YOUR ACCEPTANCE OF THE GOODS CONSTITUTES YOUR ACCEPTANCE OF THIS WARRANTY WITHOUT THE REQUIREMENT THAT IT BE SIGNED BY YOU.
MXM warrants to you that for one (1) year beginning on the date you receive the Goods (the “Warranty Period”) the Goods will be free from defects in materials and workmanship (the “Warranty”). The Warranty shall not apply to defects resulting from (i) use of the Goods other than as directed by MXM, other than as reasonably anticipated by MXM, or other than for a purpose intended by MXM; (ii) improper installation; or (iii) Goods that have been modified by any person other than MXM. Except as expressly stated in this Warranty, neither MXM, nor any person acting on behalf of MXM, has made, is making, or shall be deemed to have made any oral or written representations or warranties, whether expressed or implied, by operation of law or otherwise (including without limitation warranties of merchantability or fitness for a particular purpose), with respect to the Goods. IF MXM CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD. For purposes of clarity, you acknowledge that the Warranty does not cover any condition arising from ordinary wear and tear on the Goods.
You shall notify MXM, in writing, of any alleged claim that the Goods have a defect in materials or workmanship and do not satisfy the Warranty (“Warranty Claim”) within Fourteen (14) days from the date you discover, or should have discovered, such alleged defect. Such notice must be given during the Warranty Period. When providing such notice to MXM, you shall ship the allegedly defective goods to MXM at the return address on its website. If MXM determines in its sole discretion that such goods contained a defect in materials or workmanship, MXM shall in its sole discretion, and at its expense either (i) repair or replace the alleged defective goods, or (ii) provide you with a credit or refund for the purchase price of the alleged defective goods. The foregoing shall be your exclusive remedy for the allegedly defective goods.
No Liability for Consequential or Indirect Damages.
NEITHER MXM, NOR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, AGGRAVATING, PUNITIVE OR ENHANCED DAMAGES, OR LOST PROFITS OR REVENUES, ARISING OUT OF OR RELATING TO THE GOODS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT MXM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (C) THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
Maximum Liability of MXM
MXM’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS PAID TO MXM BY YOU IN THE PRECEDING YEAR FOR GOODS PURCHASED BY YOU FROM MXM.
Assumption of Risk
REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY MXM RELATED TO THE USE OF THE GOODS, YOU ASSUME ALL RISKS AND LIABILITY FOR IMPROPER INSTALLATION; FROM IMPROPER MODIFICATIONS; FROM MODIFICATIONS BY ANY PERSON OTHER THAN MXM; OR FROM OR BY USE OF THE GOODS OTHER THAN AS DIRECTED BY MXM, OTHER THAN AS REASONABLY ANTICIPATED BY MXM, OR OTHER THAN FOR A PURPOSE NOT INTENDED BY MXM.
All items ordered will be delivered within 1-3 working days
On occasion, due to issues outside of our control, deliveries may take longer. We will make every effort to deliver on time and to keep you updated throughout the process.
Local Delivery (within Durban, Capetown and Johannesburg)