LIMITED WARRANTY:
This document sets forth the limited warranty of Frisella Outdoor Lighting, LLC, a Missouri limited liability company (“Company”, “we”, “us”) with regard to each enclosed Company product (“Product”). By utilizing the Product, the Customer (“Customer”, “you”, “your”) consents to the terms of this document.
Company warrants the initial Customer to who/which purchases the Product, that when the Product is purchased directly from either the Company or an authorized Company agent, it will be free from defective workmanship and materials for a period of one (1) year from the date of purchase. Company will, at its option and expense, during the warranty period, either repair the defect or replace the Product with a new or remanufactured Product or a reasonable equivalent. We will need photo as proof of your damaged Product, as well as satisfactory proof of purchase. You will be responsible for applicable shipping and handling charges.
Contacting Company for Warranty Claim:
To make a claim under the warranty set forth above, you must contact Company Customer Service at (314) 287-2566 within the warranty period, and deliver the Product to Company in standard commercial packaging, shipping prepaid during the warranty period, together with the original sales receipt, invoice or other satisfactory proof of purchase. Once a Product is received and inspected by us, a determination of the problem will be made. The Product will either be fixed at Company’s expense or replaced with a model of equal value, at Company’s discretion. Should our examination determine that the Product was damaged or subject to an exclusion set forth herein, then a Company Customer Service Representative will contact you.
LIMITED WARRANTY EXCLUSIONS:
TO THE EXTENT ALLOWED BY APPLICABLE LAW AND/OR AS EXPRESSLY SET FORTH ABOVE, COMPANY MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR IN WRITING, IN FACT OR ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY AND/OR ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE PRODUCT.
THE PARTIES ASSUME NO RESPONSIBILITIES OR LIABILITIES WHATSOEVER OTHER THAN AS SET FORTH IN THIS AGREEMENT. COMPANY AND CUSTOMER AGREE THAT THE WARRANTY EXPRESSLY STATED ABOVE, IS IN LIEU OF AND EXCLUSIVE OF, ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY COMPANY.
IN NO EVENT WILL COMPANY OR ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, ECONOMIC, PROPERTY, BODILY INJURY, OR PERSONAL INJURY DAMAGES ARISING FROM THE PRODUCT, ANY BREACH OF THIS WARRANTY OR OTHERWISE. THE RIGHT TO RECOVER DAMAGES WITHIN THE LIMITATIONS SET FORTH IN THE PRECEDING SENTENCE IS YOUR EXCLUSIVE ALTERNATIVE REMEDY IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT FAILS ITS ESSENTIAL PURPOSE.
The warranty set forth above is Customer’s sole and exclusive remedy and Company’s repair or replacement of a defective Product shall constitute full and complete satisfaction of all obligations, liabilities and claims with respect to the Product.
The warranty set forth above gives you specific legal rights, and you may have other rights which vary from state to state. Some states do not permit the exclusion of implied warranties or limitations of remedies, so the above exclusions and limitations may not apply in your case. If your state does not allow disclaimer of implied warranties, the duration of such implied warranties is limited to period of Company’s express warranty of one (1) year from date of purchase. You are encouraged to seek the counsel of an attorney to expl ain your rights before using this Product.
Additional Limitations and Exclusions from Warranty Coverage:
The warranty set forth in this document (i) is non-transferable from the Customer, (ii) is only applicable to the initial Customer who purchased the Product, (iii) does not apply to any repaired or replaced Product, (iv) does not include damage to related equipment which may result for any reason from use with this Product, (v) and does not include any labor or parts to repair damage caused by accident, mishandling, disaster, negligence, improper installation, misuse, abuse, negligence, or normal wear and tear, or from service or repair which has not been authorized by Company.