Conditional Customer Satisfaction Guarantee
Five Billion Year Limited Warranty
Customer Satisfaction Guarantee
If something of a damaging nature should happen to the sculpture and/or its base in transit from us to you, we will accept your pre-paid shipment of any damaged sculpture and/or its base for return when delivered to carrier within forty-eight (48) hours of delivery of the original shipment to you. Please inform us immediately, though, providing to us a written, notarized, statement detailing the damage so we can work with you to arrange repair or replacement and return. Damage reported within the prescribed time limit will be repaired or replaced at the discretion of Nature Sculpted™ at no further charge to the buyer.
Within the first twenty-four (24) hours after delivery to you, if you are not satisfied with the sculpture, you may return it and its base to us for a refund equal to the purchase price of the sculpture and base minus our actual costs of original shipping and handling, subject to the exclusions in the eighth paragraph hereof (“Not Included..”). We will accept your pre-paid return shipment if the sculpture and its base are returned to us along with the original Bill of Sale, the original Certificate of Authenticity and in the same packaging and in the undamaged condition in which we shipped it to you.
In regards to our bronze sculptures created in their respective Limited Edition series, Nature Sculpted™ warrants to the original buyer that each sculpture is unique in its presentment and free of defects in materials and workmanship for a period of Five Billion Years from the date of purchase. We warrant to the original buyer that the patina of each bronze sculpture shall be free of defects in materials and workmanship at the time of original delivery to the buyer.
In regards to our welded-steel sculptures, we warrant to the original buyer that each of them is an original, one-of-a-kind, sculpture free of defects in both materials and workmanship for a period of Five Years from the date of purchase.
We warrant to the original buyer that our Cold Cast Sculptures are free of defects in both materials and workmanship for a period of One Year from the date of purchase.
Nature Sculpted™ warrants to the original buyer that all stone and all marble bases attached to the sculpture are free of defects in materials and workmanship for a period of Five Years from the date of purchase. Nature Sculpted™ warrants to the original buyer that all hardwood bases attached to the sculpture are free of defects in materials and workmanship for a period of Two Years from the date of purchase. We warrant to the original buyer that our wood composite bases are free of defects in both materials and workmanship for a period of One Year from the date of purchase.
Not Included Within Guarantee and/or Warranty
This Warranty does not cover any sculpture and/or base which has been altered, removed from its rightful attachment, or repaired by anyone other than Nature Sculpted™ after delivery to you. This Warranty does not cover any sculpture or base which has not been appropriately maintained and cared for. This warranty does not cover cosmetic damage or damage due to accident, weather phenomena, misuse, abuse, negligence, or modification of or to any part of the sculpture and/or its base after delivery to you. Because the patina finish applied to our bronze sculptures is generally considered in the bronze sculpture industry to be a “living finish” which will naturally oxidize and change color over time due to human touch, climate conditions and exposures, degree of proper maintenance, etc., we do not warrant the patina finish of our sculptures beyond being free of defects in materials and workmanship at the time of delivery to the original buyer.
Extent of Liability and Remedy
Each covered sculpture and base combination or sculpture or base individually reported and properly presented to Nature Sculpted™ for warranty service within the prescribed time limit of this Warranty will be repaired or replaced at the discretion of Nature Sculpted™ at no further charge to the buyer. Such repair or replacement of the sculpture, base or combination thereof, is the sole liability of Nature Sculpted™ and is the Buyer’s exclusive remedy for any breach of this Warranty.
To the maximum extent permitted by applicable law, in no event and under no legal theory, with respect to claims for breach of contract and claims of breach of confidentiality obligations including Personal Data, neither Party to include their parents, affiliates and subsidiaries shall be responsible to the other for damages, costs and expenses of either party’s personal injury, property damage, consequential, incidental, indirect, punitive or exemplary losses or damages, or any liability for loss of income, loss of revenue, loss of profit, or loss of product, howsoever caused, including negligence, gross negligence, and strict liability.
Constructive Termination of Warranty
Coverage under this Warranty terminates prematurely when the sculpture and/or its base deteriorates for any reason other than defects in workmanship or material.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, ALL SERVICES AND MATERIALS ARE PROVIDED “AS IS.” NATURE SCULPTED™ HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. No dealer, agent or employee of Nature Sculpted™ is authorized to make any modification, extension, or addition to this Warranty. Nature Sculpted™ reserves the right to determine if warranty terms and conditions have been met.