Versa-Gard® 1-Year Limited Warranty
WHAT IS COVERED; PERIOD OF COVERAGE. The Versa-Gard® line of products (the “Products”) is backed by a full
One (1) Year Limited Warranty (“Warranty”). This Warranty covers the Versa-Gard® framework and components (collectively “Components”) of the Products ONLY. No glass or fasteners contained in the Products are covered under this Warranty. Versa-Gard warrants that Components will perform substantially in accordance with the accompanying textual materials for a period of one (1) year from the date of delivery. Versa-Gard warrants that all Components will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of delivery.
WHO IS COVERED.: This limited warranty covers the original purchaser only.
WHAT IS NOT COVERED. This Warranty does not apply to any Component that is damaged in transit or handling; has been subject to abuse, neglect or accident; has not been installed, operated or maintained according to Versa-Gard’s instructions; has been operated beyond the factory rated capacity; or has been altered in any way that affects its performance. There is no warranty due to ordinary wear and tear. Warranty is voided if components other than Versa-Gard Components are used in conjunction with the original Product.
EXCLUSIVE REMEDY. Subject to any applicable law, Versa-Gard’s entire liability and your exclusive remedy shall be, at Versa-Gard’s option, (a) repair or replacement of the Component(s) found to be defective by Versa-Gard and that (b) are returned within the one year Warranty period to Versa-Gard with a copy of the original invoice or other proof of purchase. You will receive the remedy elected by Versa-Gard without charge, except that you are responsible for any expenses you may incur (e.g., cost of shipping Components to Versa-Gard), and the costs of labor charges to remove or replace such defective Components or parts.
THIRD PARTY WARRANTIES. Versa-Gard® Products may utilize and incorporate products of third party manufacturers, including but not limited to lighting fixtures and food warmers. Versa-Gard does not warranty these third party products in any way whatsoever. In the event that there is a failure of any third party product, the original manufacturer’s warranty, if any, applies. Any original manufacturer’s written warranty will be included with the respective third party products.
WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY
AND THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND
CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. VERSA-GARD DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, VERSA-GARD LIMITS THE DURATION AND REMEDIES OF
SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT VERSA-GARD'S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED ABOVE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY
LAW, VERSA-GARD IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF BUSINESS; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, HOWSOEVER CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
HOW TO OBTAIN WARRANTY SERVICE. You must notify Versa-Gard in writing or by phone of any defective or nonconforming Components, otherwise all such claims shall be deemed waived by you. Upon authorization by Versa-Gard you will return any Components not accepted by you to Versa-Gard, in accordance with at Versa-Gard’s directions for packing and shipping, freight prepaid. Use by Buyer of any Components claimed to be nonconforming or deficient shall constitute acceptance of such items by Buyer. Buyer shall have no right to withhold payment of the purchase price or to adjust the amount of the purchase price because of any such claim.