Terms and Conditions

Definition

• Seller refers to the party to whom the order for purchase has been given.
• Client refers to the person or organization placing the order.
• Goods or services refers to the product for which the seller has placed an order with the client.

Application

Delivery

• Delivery by the Seller will be deemed to have taken place when the materials are handed to the custody of the Client at his premises or to a deputed messenger or courier when posted. The Seller will be entitled to charge the Client for any expenses of delivery other than normal postage charges.
• If an order is, at the Client's request, sent electronically, the time recorded on the sending equipment shall be deemed the time of delivery, system delays notwithstanding. (nb - electronic dispatch can be provided only on request and at the Client's risk. The Seller reserves the right to substitute conventional delivery methods without notice or penalty should electronic dispatch prove inconvenient.)

Cancellation

• In view of the nature of the service, any order - once confirmed by the Company - is not cancellable. Cancellation of the Order by the Client will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by the list-owner on account of his expenses, work or cancellation conditions will be reimbursed to the Company forthwith.

Notice

• ll written notices to be served on or given to the client shall be sent or delivered to the client's principle place of business and shall be treated as having been given upon receipt.

Loss or Damage to Goods

• The Company will take all reasonable steps to ensure the protection from loss, damage or destruction of the services or materials it supplies to the Client (or which may be received from the Client).

Confidentiality

• Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other's business which comes into that party's possession and shall not use such information and material. This provision shall not, however, apply to information or material which is or becomes public knowledge other than by breach by a party of this clause.

Employment of Personnel

• Subject to the prior written consent of the Company the Client shall not induce to employ, whether as an employee, agent, partner or consultant, any employee of the Company directly associated with delivery of the Goods.

Limited Warranty Information

Your Product is warranted by FINIS to be free of defects in materials of workmanship, under normal use, for a period of time from the purchase date (reference chart below for length of coverage).

The limited warranty* excludes damage resulting from improper care of handling, accidents, modifications, unauthorized repairs, normal wear or other causes which are not defects in materials and workmanship. If there is a covered defect, we will repair or replace the product free of charge or issue a refund** at FINIS' discretion.

Limitation of Liability

• The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods. Any liability of the Company shall in any event be limited to the license fees paid by the Client in the year in which the event of default arises.
• Nothing herein shall limit either party's liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
• The Client shall fully indemnify the Company against any liability to third parties arising out of the Client's use of the Goods.

*Some states and countries within the EEA do not allow limitation on how long an implied warranty lasts, or exclusion all or certain types of damages, so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other additional rights, which may vary from state to state or within the EEA. The foregoing is without prejudice to other legal rights that may arise under applicable national legislation. The warranty extends only to products purchased from an authorized FINIS retailer.

**Refunds are only applicable if items were purchased from FINIS. No other person or company is authorized to change the FINIS warranty, and your dealer is solely responsible for any other additional warranties.