Kendall Howard offers all users of our products the following Lifetime
Limited Warranty against defects in material and workmanship.
Please read
your Warranty carefully. This Warranty sets forth our responsibilities in the
unlikely event of defect and tells you how to obtain resolution.
PRODUCTS COVERED
All products
produced by Kendall Howard that are part of our standard product offering.
PRODUCTS NOT COVERED:
1. All products made with laminate or
any form of organic material such as MDF, wood based materials, or outside
manufactured polymers carry a warranty for a term of five (5) years from the
date of purchase on non metallic parts. All standard metallic frame components
are covered under the lifetime warranty.
2. All products in our Value
Line carry a warranty for a term of one (1) year from the date of purchase
3. Products that are custom made or where our products are modified per
customer request.
TERMS OF WARRANTY:
Kendall Howard
products are warranted to be free of defects in material and workmanship. If any
part or portion of the Kendall Howard product fails to conform to the Warranty,
Kendall Howard, at its option, will furnish new or factory remanufactured
products for repair or replacement of that part.
WARRANTY EXTENDS
TO FIRST PURCHASER FOR USE, NON-TRANSFERABLE:
This Warranty is extended
to the first person, firm, association or corporation for whom the Kendall
Howard product specified herein is originally sold for use in the United States
(the "User"). This Warranty is not transferable or assignable without the prior
written permission of Kendall Howard.
ASSIGNMENT OF WARRANTIES:
Kendall Howard assigns to User any warranties which are made by
manufacturers and suppliers of components of the Kendall Howard product and
which are assignable, but Kendall Howard makes NO REPRESENTATIONS as to the
effectiveness or extent of such warranties, assumes NO RESPONSIBILITY for any
matters which may be warranted by such manufacturers or suppliers and extends no
coverage under this Warranty to such components.
DRAWINGS,
DESCRIPTIONS:
Kendall Howard warrants for the period and on the terms of
the Warranty set forth herein that the Kendall Howard product will conform to
the descriptions contained in Kendall Howard final invoices, orders, proposals
(as modified) and other Kendall Howard descriptive documents ("Descriptions").
Kendall Howard does not control the use of any Kendall Howard product.
Accordingly, it is understood that the Descriptions are NOT WARRANTIES OF
PERFORMANCE and NOT WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
WARRANTY CLAIMS PROCEDURE:
Within a reasonable time, but in no case
to exceed ninety (90) days, after User's discovery of a defect, User shall
contact Kendall Howard. Subject to the limitations specified herein, a Kendall
Howard customer service representative will repair or replace the non-conforming
Kendall Howard product warranted hereunder, without charge for materials. User
will not be charged for labor if performed within ninety (90) days of product
purchase. In all other instances, User will be charged for labor performed at
Kendall Howard’s then current rates. Kendall Howard shall assume shipping costs
for replacement products and return of the defective product to Kendall Howard.
Warranty coverage will be extended only after Kendall Howard inspection
discloses the claimed defect and shows no signs of treatment or use which would
void the coverage of this Warranty.
WARRANTY PERFORMANCE OF
COMPONENT MANUFACTURERS:
It is Kendall Howard’s practice, consistent with
its desire to remedy Warranty defects in the most prompt and effective manner
possible, to cooperate with and utilize the services of component manufacturers
and their authorized representatives in the performance of work to correct
defects in Kendall Howard components. Accordingly, Kendall Howard may utilize
third parties in the performance of Warranty work, including repair or
replacement hereunder, where, in Kendall Howard’s opinion, such work can be
performed in less time, and with less expense.
ITEMS NOT COVERED
BY WARRANTY:
THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY
misuse, improper application, wrong or inadequate electrical current or
connection, negligence, inappropriate on site operating conditions, repair by
non-Kendall Howard designated personnel, accident in transit, tampering,
alterations, a change in location or operating use, exposure to the elements,
Acts of God, theft or installation contrary to Kendall Howard 's recommendations
or specifications, or in any event if the Kendall Howard serial number has been
altered, defaced, or removed. THIS WARRANTY DOES NOT COVER installation costs,
external circuit breaker resetting or maintenance or service items and further,
except as may be specifically provided for herein, does NOT include labor or
shipping costs arising from the repair or replacement of the Kendall Howard
product, or any part thereof, or charges to remove same from any premises of
User. THIS WARRANTY IS VOID if User alters the product in any way.
LIMITATIONS:
THIS
WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USER'S SOLE AND
EXCLUSIVE REMEDY IS REPAIR OR REPLACEMENT OF THE KENDALL HOWARD PRODUCT
AS SET FORTH HEREIN. IF USER'S REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE
BY A COURT OF COMPETENT JURISDICTION, KENDALL HOWARD'S RESPONSIBILITY FOR
PROPERTY LOSS OR DAMAGE SHALL NOT EXCEED ONE TIMES THE NET PRODUCT PURCHASE
PRICE. IN NO EVENT SHALL KENDALL HOWARD ASSUME ANY LIABILITY FOR INDIRECT,
SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER,
INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF
DATA, WHETHER ANY CLAIM IS BASED UPON THEORIES OR CONTRACT, NEGLIGENCE, STRICT
LIABILITY, TORT, OR OTHERWISE.
MISCELLANEOUS:
NO SALESPERSON, EMPLOYEE OR AGENT OF KENDALL HOWARD IS AUTHORIZED TO ADD TO
OR VARY THE TERMS OF THIS WARRANTY. Warranty terms may be modified, if at all,
only in writing signed by a Kendall Howard officer. This Warranty is effective
as of the date of Kendall Howard receipt of full payment and supersedes all
previous warranties. Kendall Howard reserves the right to supplement or change
the terms of this Warranty in any subsequent warranty offering to User or
others. In the event that any provision of this Warranty should be or becomes
invalid and/or unenforceable during the warranty period, the remaining terms and
provisions shall continue in full force and effect. User shall complete the
attached User Information Card and forward it to Kendall Howard within thirty
(30) days of receipt of the Kendall Howard product. This Warranty is given in
and performance hereunder is to be construed under the laws of the State of
Minnesota. This Warranty represents the entire agreement between Kendall Howard
and User with respect to the subject matter herein and supersedes all prior or
contemporaneous oral or written communications, representations, understandings
or agreements relating to this subject.
