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1. Warranty

King Living warrants all King Living branded products and selected components of those products, as are speci ed in this warranty, against failure due to a manufacturing defect for the period referred to in the below table (Warranty Period) subject to these terms (Warranty). Please note that each Warranty is speci c to a product or a component of a product.

Please note the exclusions to this Warranty that are listed in this document and the speci c exclusions for each speci c product and component warranty listed in the below table. Aside from our Warranties, our products come with guarantees that cannot be excluded under the Consumer Guarantees Act 1993 (CGA). Under the CGA, the remedy you are entitled to will depend on the nature of the failure. 


Warranty Table 1


2. 3 Year Extended Warranty terms and conditions:

The 2-year electronics and motion component warranty in item 8 of the above table can be extended for eligible customers for an additional 3 years (thereby totaling 5 years) (3 Year Extended Warranty). This 3 Year Extended Warranty comes at an additional charge payable to King Living at the time of purchase of a King Living product. For more information on the extended warranty, please refer to the King Living Extended Warranty information sheet.


3. What is not covered by the Warranty?

This Warranty does not apply to:

•any exclusions speci cally listed for the relevant product or component in the above table; and
•where the Warranty would normally apply but the product has:

o been delivered to a locality outside of New Zealand whether by King Living, another third party or the original purchaser; and

o at any stage during the use of the product by the original purchaser, the purchaser transports the product to a locality outside of New Zealand; and

o not been purchased directly from King Living; and
o been modi ed or changed without approval from King Living; and o had any product tags removed, altered or defaced; and

• wheretheWarrantywouldnormallyapplytoapplicablecomponentsbuttheproductor components of the product have:

o not been purchased directly from King Living; and
o been modi ed or changed without approval from King Living; and o had any product tags removed, altered or defaced; and

• fabrics supplied by you or outside suppliers. Please note that fabrics and leathers supplied by an outside supplier may be covered by the supplier’s own warranties; and
• normal wear and tear associated with the products and components. Fabrics, leathers, suspension components, cushioning and llings will show signs of wear and tear with use. Fabrics and leathers will fade and crease. Foam and llings will soften and form to the shape of the user over time. Depending on the covering and the degree of use, the covering materials, cushion llings and suspension may need to be replaced periodically at the purchaser’s expense. Scars, marks and differing pore density and colour are natural characteristics of leather and are not to be considered defects. King Living reserves the right to determine at its discretion whether a component has failed due to a defect or wear and tear. Any item requiring replacement due to wear and tear will be at your own expense; and

• colour variations caused by exposure to the local environment for products including but not limited to fabrics, leathers, timber veneer and solid timber, except where both of the following are satis ed:

o the products and components are ‘Sunbrella’ fabrics as speci ed in Item 8 of the Warranty; and

o the products and components become unserviceable within the applicable Warranty period due to loss of colour and/or strength from normal usage and exposure to local conditions, including sunlight, mildew and atmospheric chemicals; and
• damage caused by use of parts and consumables that are not the genuine manufacturer’s parts and consumables. Please note that for any item that is not actually manufactured by King Living, we will only provide that repair or replacement service to the extent that we can obtain the manufacturer’s approval to do so on their behalf, otherwise we will not offer that repair or replacement warranty for such item; and

• freight, call-out fees, labour and other items associated with making a claim under this Warranty where the claim is an invalid warranty claim. If the claim is a valid warranty claim, then King Living will only be liable for the costs that it has pre-approved in writing, where pre-approval must be obtained by you prior to you incurring those costs. All costs for which pre-approval in writing is not obtained by you in accordance with this paragraph are excluded from this Warranty and they will be charged to you at standard King Living rates; and

• products or components that become defective as a consequence of misuse, lack of proper care and maintenance, commercial use or handling in transit. You must use and maintain the products and components in accordance with the care instructions for the relevant product and component as provided on King Living’s website and any other information made available you by King Living. If a component of a product becomes defective, you must not attempt to repair it yourself. Doing so may cause damage which is not covered by this Warranty.

This Warranty only applies to the original purchaser of the products where the products are delivered to a New Zealand delivery address and remain in New Zealand for the life of the product. You cannot assign or transfer any bene t conferred by this Warranty. All subsequent purchasers acquire the products ‘as is’ and without the protection of the Warranty.


4. How do you lodge a warranty claim?

King Living Customer Service must be noti ed of any defect within 14 days of the defect occurring by either the telephone number 0800-546422 (0800-KINGCARE) or by email to kingcare@kingliving.co.nz. You must provide the following information upon noti cation of the defect:

• your name; and
• order delivery address; and
• your phone number; and
• King Living product details; and
• details of the defect claimed.
Once noti cation of a defect is received by King Living, a representative of King Living Customer Service will help determine whether your warranty claim is valid, and if it is, will inform you how King Living will honour it. You may be required to provide King Living with: •photographic evidence of the defect;
•a written explanation of the defect;
•details of the defect over the phone with King Living Customer Service.
During the process, King Living Customer Service may, before providing the warranty service, require that you respond to questions designed to assist with diagnosing potential faults and follow their procedures for obtaining the Warranty. You must respond to all requests promptly.
King Living reserves the right in its absolute discretion to determine whether a part has failed due to a defect or wear and tear.


5. How will a valid warranty claim be honoured?

All warranty claims determined by King Living Customer Service to be valid will be honoured. To honour a warranty claim relating to a product, King Living will, at its option: • replace the product or supply equivalent product. When a product or component is replaced, any replacement item becomes your property and the replaced item becomes King Living’s property; or

• repair the product; or
• pay the cost of replacing the product by acquiring an equivalent product. When a refund is provided, the returned product becomes King Living’s property and must be returned to King Living; or
• pay the cost of having the product repaired.
To honour a warranty claim under a Warranty that relates to a recliner electronics and motion component, King Living will, at its option:
• replace the recliner electronics or motion component or supply equivalent recliner 

electronics or motion component. When a component is replaced, any replacement item becomes your property and the replaced item becomes King Living’s property; or
• repair the recliner electronics or motion component; or
• pay the cost of replacing the recliner electronics or motion component or acquiring an equivalent recliner electronics or motion component. When a refund is provided, the returned recliner electronics and/or motion component becomes King Living’s property and must be returned to King Living; or

• pay the cost of having the recliner electronics or motion component repaired. Components replaced under this Warranty may vary in colour and texture to the original and such variations are not considered a defect.
Any repair or replacement under this Warranty is limited to the defective component only.


6. Disclaimer

The CGA, the Fair Trading Act 1986 (“FTA”) and other statutes may impose warranties, conditions and obligations on King Living which cannot by law (or which can only to a limited extent by law) be excluded. Other than as expressly provided by this warranty and except as provided for under the CGA or the FTA, to the extent permitted by law, all other warranties implied or otherwise not set out in this Warranty are excluded and King Living will be under no liability in contract, tort (including without limitation, negligence, or breach of statutory duty) to otherwise compensate the party eligible to make a warranty claim for:

• any increased pro ts or expenses; and
• any loss of pro t, revenue, business, contracts or anticipated savings; and
• any loss or expense resulting from a claim by a third party; and
• any special, indirect or consequential losses or damages caused by King Living’s failure to complete or delay in completing any of its obligations in this Warranty.
Where you acquire a product from King Living for the purposes of a business:
• the parties acknowledge and agree that:
• you are acquiring the product for the purposes of a business in terms of sections 2 and 43(2) of the CGA;
• the product is supplied and acquired in trade for the purposes of the FTA and the parties agree to contract out of sections 9 (Misleading and deceptive conduct generally), 12A (Unsubstantiated representations) and 13 (False and misleading representations); and
• you agree that all warranties, conditions and other terms implied by the CGA or sections 9, 12A and 13 of the FTA or any other statute or common law are excluded from these terms to the fullest extent permitted by law and that such exclusion is fair and reasonable.


7. Limitations on Disclaimer

If the supply of the products to you is a consumer sale pursuant to the New Zealand Consumer Law, the following statement applies. In the following statement, ‘our’ means King Living and ‘you’ means the purchaser:
Our goods come with guarantees that cannot be excluded under the New Zealand Consumer Law. The remedy you will be entitled to if a product fails depends on whether the failure is substantial or minor and whether or not the fault can be xed. In the case of a minor failure we can choose to replace or repair the product, or offer you a refund if we cannot reasonably be expected to repair the product. If we do not remedy the fault or take too long to remedy it you may be able to elect to have the fault xed by a third party and recover the cost from us (subject to certain conditions). If there is a failure of a substantial character, you are entitled to return the product for a replacement, or a refund or keep the product and claim compensation for any reduction in the value of the product below the price paid or payable. You may also be able to claim compensation for other reasonably foreseeable loss or damage resulting from the failure. If you discover a fault or failure with the product, please contact us as soon as possible. Where the failure is of a substantial character and you intend to request a refund for the product, you must contact us within a reasonable period, otherwise you might lose your right to that refund. The bene ts given by this Warranty are additional to other rights and remedies that you may have in relation to our products. Any paragraph of this Warranty which is unenforceable or void is to be severed and the rest of this Warranty will remain in force.


Contact:

If you have any questions or comments in relation to this Warranty, please contact: King Living Customer Service

0800-546-422 (0800 KINGCARE)
kingcare@kingliving.co.nz

www.kingliving.co.nz
© 2017 King Living New Zealand Limited. All rights reserved. 


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