A. WHO GIVES THIS WARRANTY?
SunSetter Products LP (hereinafter �SunSetter Products�), 184 Charles Street, Malden, MA 02148.
B. WHO IS ENTITLED TO THIS WARRANTY?
This Warranty applies only to the original purchaser who paid for the product and may not be assigned or transferred to subsequent owners. This Warranty applies only to products purchased and installed in the US.
C. WHAT ARE THE RESPONSIBILITES OF SUNSETTER PRODUCTS UNDER THIS WARRANTY?
Subject to the terms and conditions set forth herein, SunSetter Products will furnish replacements for parts found by SunSetter Products to be defective in design, manufacture or assembly, under each specific component or product warranty as set forth below.
D. WHAT ARE THE RESPONSIBILITES OF THE ORIGINAL PURCHASER UNDER THE WARRANTY?
1. Before any claims may be made under this Warranty, the original purchaser must have paid in full for the product covered under the Warranty, according to the terms and conditions of the pay-plan defined in the original order. IF THE PURCHASER
HAS FAILED TO MAKE FULL PAYMENTS ACCORDING TO THE SPECIFIC PAY PLAN FOR THE PRODUCT,
THIS WARRANTY SHALL BE NULLIFIED AND SUNSETTER PRODUCTS SHALL BE RELIEVED FROM ANY RESPONSIBILITY OR LIABILITY UNDER THIS WARRANTY. The purchaser agrees and acknowledges that this Warranty agreement constitutes an executory contract.
2. The purchaser must use care in installation, maintenance, operation, use, and storage of the product in accordance with the instructions contained in the owner�s manual (hereinafter �Proper Use�). ANY FAILURE TO INSTALL, MAINTAIN, OPERATE, USE AND STORE THE PRODUCT IN ACCORDANCE WITH THE INSTRUCTIONS CONTAINED IN THE OWNER�S MANUAL WILL NULLIFY THIS WARRANTY AND RELIEVE SUNSETTER PRODUCTS FROM ANY RESPONSIBILITY OR LIABILITY UNDER THIS WARRANTY.
3. Promptly notify SunSetter Products of any claims within the Warranty period of each covered component, as outlined in this document, starting from the date of the original purchase.
4. The purchaser may be required to provide a photograph of any defective parts. The purchaser may also be required to pay a deposit until the defective parts are returned to SunSetter Products for inspection. The purchaser must obtain a return authorization form from SunSetter Products� customer service department prior to the return of any merchandise and after having received such authorization, return the part or product, freight prepaid, to SunSetter Products.
E. WHAT IS COVERED UNDER THIS WARRANTY?
1. The following components of the SunSetter awning and its accessories (defined as accessories attached to the awning) are covered under this Warranty, subject to the limitations set forth below. These components have up to a ten (10) year limited warranty from the original date of purchase against manufacturer�s defects as outlined below:
STRUCTURAL SUPPORTS, which include the lateral arms, the square bar, the roller bar, the front bar and all other attached supports are warranted against material failure due to structural defects in material or workmanship for ten (10) years, provided that the components are not subjected to excessive winds or water pooling on the fabric.
FRAME FINISH (PAINT) is warranted for five (5) years against chipping, blistering and peeling under Proper Use.
FABRIC is warranted for ten (10) years against becoming unusable due to excessive loss of color
or strength, under Proper Use and provided that the awning is not subjected to excessive winds or water pooling on the fabric. The first five (5) years
of the warranty period provides replacement fabric at one hundred percent (100%) discount from then current retail price. Year six (6), seven (7) and eight (8) provides replacement fabric at fifty percent (50%) discount from then current retail price. Year nine (9) and ten (10) provides replacement fabric at twenty five percent (25%) discount from then current retail price.
GEAR MECHANISM (Manual Model only) is warranted for five (5) years not to fail under Proper Use.
ELECTRIC MOTOR (Motorized Models only) is warranted for five (5) years not to fail under Proper Use.
AWNING ACCESSORIES (defined as accessories attached to the awning) are warranted for five
(5) years not to fail under normal conditions if maintained, operated, used, and stored in accordance with the instructions contained in the owner�s manual.
F. WHAT IS NOT COVERED UNDER THIS WARRANTY?
1. SunSetter awnings are not designed to be used for carports and are not designed to be installed on moving vehicles. Any damage that results from the Purchaser�s use of the SunSetter awning for carports or on moving vehicles is not covered under this Warranty.
2. Any failure of the components or damage to any of them, which results from any intentional or negligent actions, vandalism, improper use or care, by the purchaser or by any other person, is not covered under this Warranty.
3. It is the responsibility of the purchaser to install the awning and securely fasten the awning to studs, joists, headers, rafters or other structural members. Any failure or damage that results from the awning falling from its installed position is not covered under this Warranty. Any damage to any structure to which the awning is installed or attached to, or to property or items located above, below or near the awning is not covered under this Warranty.
4. Labor charges connected with installation of replacement parts are not covered by this Warranty.
5. Freight expenses to and from SunSetter Products in shipping damaged or replacement parts are not covered by this Warranty and must be paid by the purchaser.
6. Stretching of fabric or damage to any structural component caused by wind or water pooling on the fabric or any other weather related damage are not covered by this Warranty.
7. The formation and presence of mold and/or mildew is not covered by this Warranty. Mold and mildew will not grow on the acrylic fabric unless there is organic matter (dirt) for the mold or mildew to grow on. To prevent the formation of mold or mildew, the fabric needs to be cleaned according to the maintenance instructions outlined in the owner�s manual.
8. Damage to the fabric caused by environmental pollution is not covered under this Warranty.
9. Any modification or addition to the awning structure and support system or to the electric motor will nullify this Warranty and relieve SunSetter Products from any responsibility or liability under this Warranty.
G. GENERAL PROVISIONS AND LIMITATIONS
1. THE WARRANTY GRANTED HEREIN IS THE EXCLUSIVE REMEDY FOR THE PURCHASER. THE DURATION OF ANY IMPLIED WARRANTIES IS LIMITED TO THE TERM OF THIS WARRANTY.
2. TO THE EXTENT PERMITTED BY LAW, SUNSETTER PRODUCTS SHALL HAVE NO LIABILITY TO THE PURCHASER OR ANY OTHER PERSON FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER ARISING OUT OF BREACH OF WARRANTY OR OTHER BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE, EVEN IF SUNSETTER PRODUCTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH POTENTIAL LOSS OR DAMAGE. IN NO EVENT SHALL SUNSETTER PRODUCTS BE LIABLE FOR LOSS OF PROFITS AND/OR WAGES.
3. Some states do not allow limitations on how long an implied warranty lasts, or do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
4. This warranty gives you specific rights, and you may have other rights, which vary from state to state.