General Terms and Conditions of Warranty in respect of Zirconio Stones (NCSS)

1. Warranty

1.1. Subject to the terms and conditions herein, Niro Ceramic Sales & Services Sdn Bhd (Company No.: 199201016212 (247716-T) (“NCSS”) or Home Creative Lab Sdn Bhd (Company No.: 201801020672 (1282691-K) (“Creative Lab”), as the case may be warrants to the purchaser and/or assignee (“Purchaser”) that the Zirconio Stone produced and supplied (“Zirconio Stone”) is in accordance with MS ISO10545-2 (2020): Determination of dimensions and surface quality (“Warranty”).

1.2. This Warranty is strictly applicable: –

• 1.2.1. to surface defects caused by manufacturing and production process;
• 1.2.2. to Zirconio Stone installed in the interior of the residential or commercial / public spaces (“Site”) in accordance with the Installation Guidelines made available by NCSS or Creative Lab on https://creativelab.com
• 1.2.3. to Zirconio Stone maintained in accordance with the Care and Maintenance Guidelines made available by NCSS or Creative Lab on https://creativelab.com
• 1.2.4. to West and East Malaysia; and
• 1.2.5. where the Purchaser has activated the Warranty in accordance to Article 2 below.

1.3. Subject to Article 2 below, the Warranty shall be valid for a period of 10 years from the date of activation of the Warranty: –

1.4. This Warranty is transferrable. The Purchaser agrees to complete any documentation that may be required by NCSS and/or Creative Lab, as the case may be, in order to effect the assignment of the Warranty in favour of the assignee and to pay any cost, if required, to assign or transfer the Warranty.

2. Activation of Warranty

To activate or validate the Warranty, the Purchaser must within 14 days from the purchase date as stated in the invoice: –

• (a) complete the warranty registration form in respect of the Zirconio Stone on https://creativelab.com/ and
• (b) submit a scan copy of the invoice together with the proof of payment evidencing the purchase of Zirconio Stone.

3. Exclusions

3.1. This Warranty does not apply to, extend or in any way cover: –

• 3.1.1. variations in shade, size, surface finishing, thickness or other natural defects of the Zirconio Stone due to the manufacturing process which are inevitable and not a defect, which includes vein designs or particle structure;
• 3.1.2. damage caused or contributed to Zirconio Stone arising from incorrect use or poor maintenance due to the Purchaser’s non-compliance of the Care and Maintenance Guidelines furnished;
• 3.1.3. damage caused in the handling and delivery of Zirconio Stone during transit to the designated location stipulated by the Purchaser;
• 3.1.4. damage caused due to the pressure of heavy objects or movement in the supporting structure under the surface area on which the Zirconio Stone is to be installed;
• 3.1.5. damage or colour deterioration caused or contributed to as a result of normal wear or tear;
• 3.1.6. damage arising from improper installation of Zirconio Stone other than in accordance with the Installation Guidelines furnished or provided;<
• 3.1.7. damage arising from causes other than normal use and weather conditions, including (without limitation) Acts of God, fire, explosion, contact with corrosive matter, vandalism, sabotage, improper storage following delivery, rot / infestation following delivery, leaks (or similar incidents);
• 3.1.8. damage arising from any negligent act or omission of any person other than employees of NCSS or Creative Lab;
• 3.1.9. damage caused or contributed to by alterations or repairs other than the employees of NCSS or Creative Lab;
• 3.1.10. damage caused or contributed by the removal of Zirconio Stone from the initial installation;
• 3.1.11. installation or fabrication works of the defective Zirconio Stone and any reimbursement for the costs of installation or fabrication works;
• 3.1.12. improper or infrequent cleaning or improper cleaning agents or methods

3.2. This Warranty applies only to Zirconio Stone supplied and does not extend to the services, assistance or information provided by NCSS or Creative Lab or their respective employees or appointed agents in relation to the selection of Zirconio Stone made available, or otherwise.

4. Claim

4.1. The Purchaser may make a claim in writing under this Warranty during the applicable Warranty Period to NCSS or Creative Lab, as the case may be, in the event there is a manufacturing defect to the purchased Zirconio Stone (“Claim”) provided that the Claim is made within seven (7) days of the manufacturing defect becoming apparent. The Purchaser in submitting the Claim is required to particularise the manufacturing defect to the purchased Zirconio Stone together with satisfactory evidence of such defect. The Claim is to be submitted and/or lodged on https://creativelab.com

• 4.2.1. inspect the Zirconio Stone installed at the Site;
• 4.2.2. test and/or assess the manufacturing defect to the purchased Zirconio Stone (“Defective Zirconio Stone”);
• 4.2.3. request for a demonstration of the installation of the Zirconio Stone at the Site.

4.3. Insofar as Article 4.2.2 above, NCSS or Creative Lab, as the case may be, may appoint an independent and certified testing body or institution to assess the Defective Zirconio Stone.

4.3. Insofar as Article 4.2.2 above, NCSS or Creative Lab, as the case may be, may appoint an independent and certified testing body or institution to assess the Defective Zirconio Stone.

4.5. Subject to the outcome of the test report generated pursuant to Article 4.3 above, NCSS or Creative Lab, as the case may be, will at its sole discretion replace the Defective Zirconio Stone based on its available stock within a reasonable time. If an identical design of the Defective Zirconio Stone is not available for any reinstallation or replacement under the Warranty or has been discontinued, then NCSS or Creative Lab, as the case may be, shall be entitled to substitute the Defective Zirconio Stone with an available similar value and/or design.

4.6. Subject to Article 1.3 above, NCSS or Creative Lab, as the case may be, has the exclusive right to determine whether the Warranty continues to subsists after a claim has been submitted and/or lodged by the Purchaser.

5. Limitation of Liability

5.1. NCSS or Creative Lab, as the case may be, shall not be liable to the Purchaser or any other person for any loss of profits, consequential, indirect or special loss, damage or injury of any kind however caused (including negligence) arising directly or indirectly from or in connection with Zirconio Stone and/or any defect to the Zirconio Stone.

5.2. In the event a Claim has been submitted pursuant to Article 4 above, the maximum liability of NCSS or Creative Lab, shall be limited to the purchase price paid by the Purchaser in respect of Zirconio Stone.

5.3. Except as expressly set out in this Warranty and the terms and conditions as stipulated in the invoice, the terms of this Warranty shall be entire and final and supersedes any prior agreements or communications between the parties, whether written, oral, electronic or otherwise

6. Governing Law

6.1. This Warranty is subject to the jurisdiction of the courts of Malaysia and any dispute or claim arising out of, or in connection with it or its subject matter, shall be governed by, or construed in accordance to Malaysian law.