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United Shade LLC ("United Shade") warrants to the Original Purchaser of
United Shade manufactured equipment and parts, that all
United Shade manufactured equipment and parts
(collectively the "Products") will conform to their
published written specifications and be free of defects
in materials and workmanship for a period of one (1)
year from the "Retail Sale Date" of the Original
Purchaser. The term "Retail Sale Date" shall mean the
date on which the Original Purchaser sold the vehicle
containing the Product to the ultimate consumer of the
vehicle and the Product. If the Retail Sale Date cannot
be determined, the commencement date for purposes of
this Limited Warranty shall be the date found on the
head rail of the Product at issue. United Shade makes
no warranty to any other individual or entity other than
the Original Purchaser.
If any United Shade manufactured Product is found to be defective in
workmanship or material within the one (1) year period
from the Retail Sale Date, as determined solely by
United Shade, United Shade, in its sole discretion, will
either repair or replace the defective Product at United
Shade's cost, including return shipping charges for
Products found by United Shade to be defective. The
obligation of United Shade is limited to repair and
return or replacement of the Product or components
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A warranty claim will be honored only when:
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1. |
Original Purchaser has contacted the Customer Service Department at
United Shade regarding any such defect in
material or workmanship in the Product within
the period set forth above;
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2. |
United Shade has issued a Return Goods Authorization ("RGA")
number to the Original Purchaser, and such RGA appears
on all packages, along with the name and complete
shipping address of the Original Purchaser;
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3. |
The Product is packaged in a closed position so that the fabric is not
damaged in transit. The Product shall be
packaged with the RGA number attached to such Product.
United Shade may refuse and return any Product sent
without the RGA number affixed to the Product; and
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4. |
All Product returns must be "Freight Prepaid." United Shade will
not accept and may return product sent "Freight
Collect."
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Should damage occur to the Product during transit to United Shade, and
should the Product be received by United Shade in a
packaged condition other than prescribed above, Original
Purchaser shall be responsible for all costs incurred,
and this Limited Warranty shall not apply.
This Limited Warranty shall not apply to any Product that has been
altered or repaired by anyone other than United Shade,
or to defects or damages resulting from improper
installation, misuse, negligence, accident, normal wear
and tear, or that which deviates from the intended use
of United Shade manufactured Product not specified by
United Shade. This includes broken strings in Products
due to installation errors. Restringing of Product will
be subject to a twenty-five dollar ($25.00) fee per shade if it is confirmed,
by United Shade in its sole discretion, that the strings
were damaged during installation of the Product, or if
the Product is outside the applicable period for this
Limited Warranty. This Limited Warranty shall not apply
to any Products where any Product was replaced with any
components not manufactured or supplied by United
Shade. The decision of United Shade shall be conclusive
and binding on the Original Purchaser.
United Shade does not warrant that any Products sold to Original
Purchaser meet or comply with any local, state, federal
or other jurisdiction's regulations or codes. Further,
the directions for use of the Product are believed to be
adequate and must be followed carefully. However, it is
important to eliminate all risks associated with the use
of the Product. All such risks shall be assumed by the
Original Purchaser.
United Shade does not warrant that any Product sold to Original
Purchaser, when used individually or in concert with any
other part, equipment, device, component or process,
does not infringe on any patent rights of any
third-party. United Shade only warrants that it has no
specific knowledge of any such infringement.
United Shade makes no warranty as to any product, parts or equipment
manufactured by others. Original Purchaser shall look
solely and only to the manufacturer of such product,
parts or equipment with respect to any warranty claims.
United Shade hereby assigns to Original Purchaser the
original manufacturer's warranty to all such product,
parts or equipment to the full extent permitted.
THIS LIMITED WARRANTY IS
IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
SPECIFICALLY, THERE ARE NO WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, WHICH WARRANTIES
ARE SPECIFICALLY DISCLAIMED. NO AGENT OF UNITED SHADE
IS AUTHORIZED TO MAKE ANY WARRANTIES BEYOND THOSE
CONTAINED HEREIN OR MODIFY THE WARRANTIES CONTAINED
HEREIN.
United Shade shall not be liable for any loss or expense resulting from
damage or accident caused by improper use or application
of materials manufactured or sold by United Shade or its
distributors or agents.
UNDER NO CIRCUMSTANCE
SHALL UNITED SHADE'S LIABILITY EXCEED THE AMOUNT
ORIGINAL PURCHASER PAID FOR THE CLAIMED DEFECTIVE
PRODUCT OR PART. TO THE EXTENT CONSISTENT WITH
APPLICABLE LAW, UNDER NO CIRCUMSTANCE SHALL UNITED SHADE
BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR
LOST PROFITS. TO THE EXTENT CONSISTENT WITH APPLICABLE
LAW, THE EXCLUSIVE REMEDY OF THE ORIGINAL PURCHASER FOR
ANY AND ALL LOSSES, INJURIES OR DAMAGES RESULTING FROM
THE USE OR HANDING OF THE PRODUCT, WHETHER IN CONTRACT,
WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE PAID OR,
AT UNITED SHADE'S ELECTION, THE REPLACEMENT OF THE
PRODUCT.
THE TERMS OF UNITED SHADE'S UNDERTAKING EXPRESSED IN THIS LIMITED
WARRANTY ARE DRAFTED TO COMPLY WITH THE MAGNUSEN MOSS
WARRANTY LEGISLATION, P.L. 93-637 OF 1974, AND OTHER
APPLICABLE LAWS. ANY WARRANTY PROVISIONS PROMULGATED BY
THE FEDERAL TRADE COMMISSION PURSUANT TO RULES OR ANY
OTHER LAW RELATIVE THERETO ARE EXPRESSLY INCORPORATED
HEREIN. TO THE EXTENT ANY PROVISION OF THIS LIMITED
WARRANTY ARE INCONSISTENT WITH STATE LAWS, ONLY THOSE
PARTS INCONSISTENT ARE VOID.
Effective March 1, 2007 |
