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Terms of sale

Warranty terms

Terms and procedure of delivery and the warranty provided by Flagmore

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1. Inspection of goods:
The Buyer must inspect the Product as soon as possible after receiving it.
In accordance with the terms and procedure of delivery, the Buyer must inspect the Product within seven (7) days of receiving it or within seven (7) days of the Product being made available to the Buyer.
The Buyer loses the right to rely on a defect in the Product if, in accordance with the terms and procedure of delivery, the Buyer has not submitted to the company a written complaint clearly describing the defect within ten (10) days of receiving the Product or within ten (10) days of the Product being made available to the Buyer.

2. Damage to the Product in transit: If the Product has been damaged in transit, the Buyer must note this on the transport document (e.g. CMR) when accepting the goods and notify the carrier of the damage.

3. Warranty:
The warranty applies from the date of purchase and covers defects in the manufacture and materials of the Product. The following warranties apply to the Product:
All flagpole accessories in the Flagmore product range carry a two-year warranty.
The pole section of the flagpole carries a 10-year warranty.
The rust warranty on the pole base is 2 years.
The company also provides a 2-year warranty on installation carried out by Flagmore, from the date of the invoice.

The warranty covers defects in the materials and manufacture of Products sold under the Flagmore brand from their first sale by the company or its representatives.
The purchase receipt or invoice must always be attached to the complaint. (Please keep the receipt/invoice.)
The warranty does not apply if the defect was caused by careless use of the Product or use not in accordance with its purpose; the Product was repaired by any company other than Flagmore; or accessories not approved by Flagmore have been added to the Product.

The warranty does not cover damage caused by incorrect installation; failure to follow the installation instructions; normal wear and tear; vandalism; overloading of the pole; use of the Product contrary to Flagmore’s recommendations; or the Buyer ignoring the need to maintain or repair the Product.
The warranty does not apply in the event of force majeure, where the damage is covered by insurance, or in the event of a hurricane (wind speed
above 32.7 m/s).

If a defect covered by the warranty is discovered, the procedure is as follows:
The warranty is limited to repairing/replacing the Product and does not cover any further damage resulting from the defect.
The warranty does not entitle the Buyer to claim compensation or a refund.
Flagmore is not liable for indirect damage.

In accordance with the warranty terms and procedure, Flagmore may decide at its own discretion to:
1. Remedy the defect within the agreed time and return the repaired Product to the Buyer
2. Deliver to the Buyer a new identical Product to replace the defective Product
3. Refund to the Buyer the amount paid for the Product (reduced by 20% for each year
due to normal wear and tear).

The warranty does not cover damage to the possessions or property of the Buyer or third parties.
If it turns out that the defect in the Product is not covered by the warranty, the Buyer bears the cost of repairing or inspecting the Product.

Warranty enquiries
If you have any questions about the warranty provided by Flagmore, please contact your nearest Flagmore representative or the place where you bought the Product.
Information about the company’s representatives is available on the company website www.Flagmore.com.

4. Damage and limits of liability:
Flagmore’s liability for damage is limited to these Terms and Procedure of Delivery. The company’s
liability is limited to the price paid by the Buyer for the Product.
Flagmore does not compensate indirect damage, damage caused by the Buyer or third parties, or damage that was
not foreseeable.

5. Force majeure:
Flagmore is not liable for non-performance or breach of the contract if it was caused by force majeure.
Force majeure is an exceptional circumstance arising after the contract has been signed that affects the performance of an obligation, which the parties could neither influence nor foresee when concluding the contract, and which could not have been prevented or avoided.
Such circumstances may include, for example, wars, riots, foreign currency restrictions, newly adopted
laws, official decisions, transport stoppages, forces of nature and natural disasters (storms, hailstorms, landslides, thunderstorms, soil slips, avalanches and earthquakes). The same applies to all other unforeseeable circumstances that prevent the performance of contractual obligations, including delays and defects caused by force majeure situations that are due to errors by subcontractors.