WARRANTY

Terms and Conditions

1.    All terms and conditions relating to the sale of DreamCast concrete fireplace mantels, concrete fire pits, and other outdoor concrete products (the “Product”) set forth herein are subject to change at the sole discretion of DreamCast without prior notice to the purchaser of the Product (the “Buyer”).

2.    Any failure on the part of DreamCast to enforce any provisions of this Warranty shall not be deemed as a waiver or limitation to its right to subsequently enforce and compel strict compliance with every provision of this Warranty.

3.    This Warranty constitutes the terms and conditions, in their entirety, offered by DreamCast to the Buyer pertaining to delivery, repair, service, and warranty of the Product, and supersedes all prior agreements, undertakings, negotiations, and discussions, whether written or oral, and there shall be no warranties, representations, covenants, or agreements between DreamCast and the Buyer, except as expressly set forth herein.

4.    This Warranty shall not be amended, except by written notice provided by DreamCast, stating the amendment to this Warranty. No agent or employee of DreamCast or any dealer of the Product is authorized to make any modification, extension, or addition to this Warranty. 

5.    If any term of this Warranty is held to be illegal or unenforceable, the legality or enforceability of the remaining terms will not be affected or impaired. 

6.    This Warranty is governed by and construed under the laws of the Province of British Columbia, Canada.

7.    DreamCast or its successor in title is and shall be the warrantor under this Warranty.

Delivery

1.    DreamCast shall manufacture the Product and, if instructed to do so by the Buyer, deliver or cause to be delivered the Product to the Buyer. DreamCast shall, in its sole discretion, determine the method and route of shipment and delivery of the Product to the Buyer.

2.    Except as expressly set out herein, all risk and liability arising in connection with the Product shall immediately pass from DreamCast to the Buyer:

a.    in the case of delivery, at the time the Product is collected from DreamCast by any third-party carrier; or 

b.    in the case of pick-up of the Product from DreamCast by the Buyer, at the time of pick-up 

(in either instance, the “Time of Delivery”).

3.    DreamCast hereby guarantees that, at the Time of Delivery, the Product shall meet all specifications, including description and standards, stipulated in the Product quotation prepared by DreamCast and signed by the Buyer at the time of placement of the order for the Product.

Warranty and Limitations

1.    Commencing on the date of purchase by the Buyer of the Product from DreamCast and

                     a.  in the case of a Product purchased from DreamCast prior to January 1, 2023 for a period of one (1) year;

                     b.  in the case of a Product purchased from DreamCast on or after January 1,2023, for a period of five (5) years,

                     (in either instance, the “Warranty Period“),

   DreamCast hereby warrants that the Product shall be free from defects in materials and workmanship when used by the Buyer reasonably and in accordance with any manual, instructions, and guidelines prepared and distributed by DreamCast and generally accepted industry standards and practices (collectively, the “Warranty”).

2.    For greater clarity: 

a.    surface, colour, and slight size variations are inherent in the Product; and natural variation in colour, texture, and porosity may occur in the Product, are considered inherent and valued qualities of the material, and shall not be covered under this Warranty; 

b.    DreamCast warrants against cracks and breaks in the Product resulting from structural defects only; non-structural hairline cracks occurring in the Product shall not be considered structural defects and shall not be covered under this Warranty; furthermore, chips and scratches shall not be covered under this Warranty;

c.     all Products will mature and age over the course of time through natural processes associated with use, heat, and flame; these changes are an essential part of the dynamic of the Product, and shall not be covered under this Warranty;

d.    damage to the Product resulting from excessive overloading, impact, or abnormal abrasion or use of the Product is not covered under this Warranty;

e.    this Warranty shall expressly exclude damage to the Product occurring due to accident, act of god, fire exposure, contact with liquids, vandalism, ground movement, exposure to elements of nature, including, without limitation, salts, neglect, misuse, abuse, or other external effects on or of the Product;

f.      damage to the Product caused by use with any third-party component, element, or product that does not meet the specifications of the Product shall not be covered under this Warranty;

g.    regular maintenance as required by any manual, instructions, and guidelines prepared and distributed by DreamCast and generally accepted industry standards and practices shall not be covered under this Warranty;

h.    service calls initiated by the Buyer requesting the assistance of DreamCast to correct the installation of the Product or provide guidance as to the usage of the Product shall not be covered under this Warranty;

i.      damage caused by servicing the Product (including, without limitation, any upgrades, improvements, dismantling, or expansions) by any person or entity who is not a representative, agent, or technician of DreamCast shall not be covered under this Warranty;

j.      modifications to Product which alter functionality or capability carried out without the express written permission of DreamCast shall not be covered under this Warranty;

k.     any defects caused by regular wear and tear, or any regular aging of the Product, shall not be covered under this Warranty;

l.      any damage to any areas, materials, or property of the Buyer surrounding the Product or upon which the Product is situated shall not be covered under this Warranty;

m.   except as expressly set out herein or otherwise agreed by DreamCast in writing, any costs and expenses associated with pick-up and delivery of the Products, and any incidental shipping or holding costs and expenses associated with delivery of the Product or any parts thereof to an authorized customer service centre of DreamCast shall not be covered under this Warranty; and

n.    under no circumstances whatsoever shall any coverage under this Warranty exceed the amount of the price paid or payable by the Buyer to DreamCast for the Product.

3.    Except as expressly provided for herein, DreamCast shall not be responsible for any direct or indirect, special, incidental, or consequential damages resulting from any breach of Warranty condition, including, without limitation, loss of use, revenue, actual or anticipated profits (including loss of profits relating to a contract), use of money, anticipated savings,  business, opportunity, goodwill, reputation, or any damage to, compromise, or corruption of data, any indirect or consequential loss or damage howsoever caused, including without limitation, the replacement of equipment and property. The foregoing limitation shall not apply to any statutory liability for intentional and grossly negligent acts and omissions.

4.    All obligations of DreamCast under this Warranty shall immediately and completely terminate upon expiry of the Warranty Period.

Procedures

1.    In the event of a defect in the Product covered under this Warranty occurring during the Warranty Period, the Buyer shall contact DreamCast to report the alleged defect during the business hours of 9:00 to 17:00 (Pacific Standard Time) from Monday to Friday (collectively, the “Business Hours”), and a representative of DreamCast shall respond to the report during Business Hours. The DreamCast representative shall conduct an inquiry to determine whether the Product is covered under this Warranty, and if Warranty coverage is deemed appropriate by DreamCast, in its sole discretion, DreamCast shall instruct the Buyer to return the Product, at the Buyer’s sole cost and expense, to DreamCast; or, if, as a result of the method of installation of the Product, the Product cannot be returned to DreamCast, DreamCast may, in its sole discretion elect to collect the Product from the Buyer. In the event that DreamCast elects not to collect the Product from the Buyer, the Buyer shall be solely responsible for the removal of the Product.

2.    Upon delivery of a reported defective Product deemed covered under this Warranty, the Buyer shall produce for DreamCast the Product warranty certificate, along with proof of date of purchase.

3.    Upon receipt by DreamCast of a reported defective Product deemed covered under this Warranty, DreamCast shall, at its sole option and discretion, and at its own cost, either:

a.    repair the Product using new or previously used parts, elements, or components that are equivalent to new in performance and reliability; or

b.    replace the Product, or any defective part, element, or component thereof, with the same model (or later model if the same model is no longer available).

4.    When a Product or any part, element, or component thereof is replaced in accordance with this Warranty, the replacement part, element, or component shall, at the time of replacement, become the property of the Buyer, and the replaced part, element, or component shall, at the time of replacement, become the property of DreamCast.

5.    Upon completion of the repair or replacement of the Product, as the case may be, the Buyer shall bear the cost, expense, responsibility, liability, and risk of return delivery of the Product to the Buyer.