EXPRESS 30 YEAR LIMITED WARRANTY
Your Custom Chair, LLC (the “Company”) hereby warrants to the original purchaser of this chair that it will be free from defects in materials and workmanship under normal use for a period of thirty (30) years from the date of purchase (such 30 year period, the “Warranty Period”), subject to the terms and conditions set forth herein.
The warranties contained herein apply only to first-quality chairs purchased in a retail transaction from a Company-authorized dealer and that are used solely for normal household use. It does not cover any damage or losses arising from normal wear and tear, fading, negligence, misuse, soiling, improper cleaning, abnormal or non-typical use, accident, damage from pets or any chair that is or has been used in a commercial or outdoor setting.
The remedy of the purchaser under this Express 30 Year Limited Warranty if any piece or part of a covered chair is determined, in the Company’s reasonable discretion, to be defective, is limited to any one of the following, as determined by the Company in its sole discretion: (i) the repair or replacement of such defective piece or part, or (ii) the replacement of the entire chair by the same or a substantially similar product, or (iii) the repurchase of the chair by the Company for a price equal to the prorated value of the chair, equal to the following percentage of the original consumer cost of the chair for claims made in the years of ownership, with the first year starting on the original retail purchase date:
Years 1-5 – 100%
Years 6-10 – 75%
Years 11-15 – 50%
Years 16-20 – 35%
Years 21-30 – 20%
Claims made thereafter $0
Any claims under this warranty require production of the receipt from the original retail purchase. All claims for warranty coverage must be made in writing by the original purchaser, through the authorized dealer which sold the chair.
WARRANTY LIMITATIONS AND CONDITIONS
Notwithstanding anything to the contrary herein, this warranty does not:
*Apply to any chair sold ‘as-is’, in damaged condition, as a display sample, or in any transaction other than a retail transaction in the ordinary course of business
*Cover color and finish variations that are natural in wood products. Variations may occur from piece to piece, and any chair may differ from floor samples, advertising or internet images
*Cover any costs for packaging and shipping
*Apply if a chair arrives damaged during transit or shipping; such claims must be made to the carrier involved
*Cover claims which exceed the dollar amount actually paid for the chair at the time of purchase
DISCLAIMER OF WARRANTIES.
EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE CHAIR IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ALL OTHER WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ABSENCE OF LIEN, ENCUMBRANCE OR SECURITY INTEREST, QUIET ENJOYMENT, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY IMPLIED WARRANTIES ARE DEEMED TO EXIST UNDER APPLICABLE LAW, THEY ARE HEREBY EXPRESSLY LIMITED IN DURATION TO FIVE (5) YEARS FROM THE DATE OF PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE COMPANY DOES NOT AUTHORZE ANYONE, INCLUDING WITHOUT LIMITATION ITS AUTHORIZED DEALERS, TO CREATE FOR IT ANY OTHER WARRANTY, OBLIGATION OR LIABILITY IN CONNECTION WITH THIS PRODUCT.
LIMITATION OF DAMAGES.
THE COMPANY WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTIAL OR CONSEQUENTAL OR INDIRECT DAMAGES.
NOTE: NO REQUEST FOR RETURN, EXCHANGE OR CANCELLATION OF A PERSONALIZED CHAIR CAN BE MADE ONCE THE INITIAL ORDER IS PLACED.