32
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.
