FERRARI by LOGIC3 WARRANTY PROTOCOL (the “Warranty”)
We are Logic3 Plc (“Logic3”) a company registered in England and Wales under registration number 01321309 and with its registered office at 7 St John’s Road, Harrow, Middlesex, HA1 2EY, UK, and with its trading offices at Rhodes Way, Watford, WD24 4YW, UK.
“You” or “Your” means the first individual person that first purchased the Product (as defined below) in its original packaging from an authorised reseller of Logic3 (an “Authorised Reseller”). The Warranty (as defined below) does not apply to persons or entities that purchased the Product (i) in used or unpackaged form; or (ii) for resale, lease or other commercial use; or (iii) from someone other than an Authorised Reseller.
1. The Warranty
1.1 Logic3 warrants that any product that is purchased by You (including any packaging, parts, anti-counterfeiting features, labels, manuals or other materials used, included or incorporated therewith) (each a “Product”), as at the date of purchase from Logic3 or an Authorised Reseller, shall be free from material defects in design, workmanship and materials (each a “Defect”) and that such Products shall remain free from Defects for a period of one year from the date on which a Product is purchased from Logic3 or an Authorised Reseller (“Warranty Period”). In order to prove Your date of purchase of a Product, You will need to provide to Logic3 a copy of the original proof of purchase.
1.2 For Your benefit, Logic3 recommends that You register a Product online to record Your Product date of purchase, as this information will allow Logic3 to better serve Your needs in the unlikely event that You would like to make a claim against the Warranty. Please visit http://www.ferrari-by-logic3.com/register to register Your Product.
1.3 The Warranty is additional to and does not affect Your statutory rights that you may have under Your contract to purchase the Products with the person from whom you purchased the Products.
2. Scope of Warranty
2.1 If You would like to make a claim in respect of the Warranty, You must return the Product to Logic3 as set out below. Once the Product has been received by Logic3 and Logic3 has identified a Defect, Logic3, at its absolute discretion (subject to Logic3 not choosing an option which would deny You Your statutory rights), may:
2.1.1 repair the Product, using new or refurbished replacement parts; or
2.1.2 exchange the Product with a replacement Product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original Product;
The decision of Logic3 shall be final and binding with regards to the condition of any returned Product and, having used it’s reasonable endeavours, eligibility for repair or replacement under the Warranty.
2.2 If Logic3 repairs or replaces a Product under the Warranty, a replacement Product assumes the Warranty of the original Product for the remainder of the Warranty Period or for ninety (90) days from the date on which the replacement or repair is performed by Logic3, whichever provides longer coverage for You. When a Product is exchanged, any replacement Product becomes Your property and the returned Product becomes Logic3’s property.
2.3 Such repairs or exchange and replacement will be made by Logic3 at no charge to You for parts or labour; however, You shall be responsible for any transportation costs.
2.4 Subject to liabilities that Logic3 cannot exclude at law, Logic3 shall not have any Liability in respect of any:
2.4.1 indirect or consequential losses, damages, costs or expenses;
2.4.2 loss of actual or anticipated profits;
2.4.3 loss of contracts;
2.4.4 loss of use of money;
2.4.5 loss of anticipated savings;
2.4.6 loss of revenue;
2.4.7 loss of goodwill;
2.4.8 loss of reputation;
2.4.9 loss of business;
2.4.10 ex gratia payments;
2.4.11 loss of operation time;
2.4.12 loss of opportunity; or
2.4.13 loss of, damage to or corruption of, data;
whether or not such losses were reasonably foreseeable or Logic3 or its agents or contractors or resellers had been advised of the possibility of such losses being incurred. For the avoidance of doubt, provisions 2.4.2 to 2.4.13 above apply whether such losses are direct, indirect, consequential or otherwise.
2.5 The total aggregate liability of Logic3 arising out of or in connection with all claims in aggregate (including Warranty claims and losses relating to the breach of Warranty) shall be limited to the purchase price of the Product You have purchased.
2.6 The Warranty shall be void and DOES NOT cover:
2.6.1 cosmetic damage, such as scratches, nicks and dents;
2.6.2 consumable parts, such as batteries;
2.6.3 fair wear and tear;
2.6.4 damage caused by accident, abuse, misuse, water, flood, fire or other acts of nature or any other direct or contributory external causes;
2.6.5 any other act, neglect or default by You or any third party;
2.6.6 if the Product was operated or stored in abnormal or improper use or maintenance conditions or contrary to our written instructions or recommendations;
2.6.7 if the Product was repaired, modified or altered or undergone attempted unauthorised repair, modification or alteration (including, but not limited to, any attempt to open it up);
2.6.8 if the Product was installed improperly or without following the supplied installation instructions;
2.6.9 if the serial number or any other markings of the Product are defaced, modified or missing;
2.6.10 if any anti-counterfeit markings, labels or seals on the Product have been modified, removed or broken; or
2.6.11 errors that occur with, or damage caused to, the Product when the Product is used in conjunction with third-party software or hardware; for the avoidance of doubt, Logic3 does not warrant that third party hardware or software will function error-free when used in conjunction with the Product.
3. General Provisions
3.1 The Warranty gives you specific legal rights, and you may also have other statutory rights, which vary from jurisdiction to jurisdiction, and which shall not be affected by the Warranty.
3.2 You shall not assign, transfer, novate or charge or purport to assign, transfer, novate or charge the Warranty or any of Your rights, liabilities or obligations under the Warranty.
3.3 If any provision or sub-provision or other provision in the Warranty shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other provision or sub-provision or part of any provision or sub-provision, all of which shall remain in full force and effect.
3.4 In case of any inconsistency between the English and other versions of the Warranty that are translated into other languages, the English version shall prevail.
3.5 A person who is not either You or Logic3 has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Warranty.
3.6 The Warranty and any dispute or claim arising out of or in connection with it or its subject matter or formation (including, but not limited to, non-contractual disputes or claims) will be governed by English law. If:
3.6.1 You are domiciled in the European Union, then the exclusive forum for settling any disputes which may arise out of or in connection with the Warranty shall be the English courts; and
3.6.2 You are not domiciled in the European Union, any dispute which may arise out of or in connection with the Warranty shall be exclusively referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.
4. Warranty Claim Procedure:
4.1 If You would like to make a claim under the Warranty, Logic3’s liability for Defects shall be subject to:
4.1.1 if You have purchased the Product from a third party, You returning the Product that You claim is subject to a Defect (“Defective Product”) back to Your initial point of purchase for an exchange or repair, subject to any other terms offered directly by such third party to You;
4.1.2 alternatively, you may contact Logic3 within one (1) month after You discover a Defect (or ought to have discovered it);
4.1.3 You providing a reasonably detailed explanation of the alleged Defect; and
4.1.4 You sending a copy of the original proof of purchase and serial number of the Product to email@example.com.
4.2 Logic3 shall then issue a returns form to be completed by You. Once completed, the returns form should be sent to Logic3 with a copy of the original proof of purchase and the Defective Product to the address set out below.
4.3 Products are returned to Logic3 at Your own risk and expense, and should be sent using suitable methods to ensure safe and proper delivery to Logic3, as Logic3 cannot be held responsible or liable for any items lost or damaged in transit.
4.4 You should send Defective Products to the following address:
Returns Address: Returns Department
Telephone numbers: United Kingdom +(44) 1923 471 010