Sparcraft South Africa Warranty Terms & Conditions and Claim Form

Third Party Goods supplied by Sparcraft Masts are subject to their respective manufacturer’s warranty terms and conditions.

The Goods supplied under these terms and conditions are warranted against any defect due to faulty workmanship for a period of twelve (12) months from the Dispatch Date; provided that the warranty is subject always to the reasonable use of the Goods supplied by Sparcraft Masts. For the purposes of this section “reasonable use” shall exclude yacht racing. Any accidental damage or expenses are not covered by this warranty. This warranty does not cover Goods that are incorrectly installed or used improperly, modified or repaired without prior written consent from Sparcraft Masts, damaged by collision, or any act of God.

This warranty shall be of no force and effect unless the Purchaser has paid the Purchase Price, Order Variation Charges, Transit Costs, and Stepping Costs in full.

The Purchaser shall notify Sparcraft Masts in writing as soon as possible, and in any event no later than fourteen (14) days after the circumstances for which a claim may be made under warranty becomes discoverable. Upon written notification of a warranty claim by the Purchaser, Sparcraft Masts shall be given the opportunity to inspect and report on the claim. Sparcraft Masts shall promptly advise the Purchaser after such examination has been completed, of its acceptance or rejection of the claim as being within the limited warranty. If the claim is within the limited warranty given, Sparcraft Masts may repair or replace the Goods, or elect to pay the reasonable costs of a third party to repair or replace the Goods. Sparcraft Masts’ liability is limited to the value of the Goods at the date of purchase. Packaging costs, shipment costs, customs charges and fitment costs are at the customer’s expense.

Notwithstanding the provisions of this warranty, all other express or implied terms, conditions, representations or warranties, not contained herein, and capable of exclusion, are hereby excluded. Sparcraft Masts accordingly gives no warranty as to the merchantable quality of the Goods or the fitness of the Goods for any particular purpose other than the purposes set out in clause 2. Sparcraft Masts shall not be liable for any loss whatsoever, whether direct, indirect or consequential, occurring as a result of any defect in the Goods, any negligence or gross negligence on the part of Sparcraft Masts or its employees, or the unsuitability of the Goods for any purpose whatsoever. To this extent the Purchaser indemnifies Sparcraft Masts against any claim of any nature whatsoever instituted by a third party against Sparcraft Masts. The parties further agree, to the extent that it becomes applicable, that the United Nations Convention on the International Sale of Goods will not apply to these terms and conditions.