Miista & E-Eight (Fashion) Limited



The customer's attention is drawn in particular to the provisions of clause 9.

Miista shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.  Miista will use its own quality control records to assess the validity of claims that the warranty in clause 5.1 has been breached and reserves the right to reject claims where its quality control records show no defect in the Goods in question.  The Customer shall bear the costs of returns of Goods, which Miista shall reimburse only if it accepts that the returned Goods did not comply with clause 5.1.

results in an increase in the cost of manufacturing the Goods, Miista may notify the Customer and the parties shall negotiate in good faith to discuss the effect on the Price.

Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.