DEDON® LIMITED WARRANTY
Effective February 9, 2016
This limited warranty is applicable to each original end-customer (hereinafter “Customer”) purchasing DEDON® furniture consisting of aluminum frames woven with DEDON® fibers (hereinafter “Woven Furniture”) and all other DEDON® furniture and accessories excluding cushions, glass and acrylic tops (hereinafter “Non-woven Furniture and Accessories”) sold by DEDON Inc. (hereinafter “Company”) for Customer’s own use and not for resale. The Woven Furniture and Non-woven Furniture and Accessories are collectively referred to herein as the “Products”.
1. LIMITED WARRANTY; EXCLUSIVE REMEDIES:
1.1. LIMITED WARRANTY ON PRODUCTS:
Company warrants solely to the original Customer that (a) the Woven Furniture will be free from defects in materials and workmanship under normal use for a period of FIVE (5) YEARS from the date of original retail purchase, (b) the Non-woven Furniture and Accessories, including cushions standard to DEDON® product lines (including DEDON®’s standard fabrics), will be free from defects in materials and workmanship under normal use for a period of TWO (2) YEARS from the date of original retail purchase, and (c) cushions and/or accessories assembled by DEDON® using a Customer’s unique specifications and/or Customer’s own materials will be free from defects in workmanship under normal use for a period of ONE (1) YEAR from the date of original retail purchase. Notwithstanding the foregoing, the colors of the Products may vary within a reasonable scope due to unavoidable color variations in different production batches, and such variations shall not constitute a material defect. This limited warranty is limited solely to the original Customer with proof of purchase. This limited warranty is not transferable.
1.2. THE WARRANTY:
During a covered Product’s limited warranty period, Company will, at Company’s sole option and discretion, (1) repair the defective component or product without charge or (2) replace the defective component or product without charge.
1.3. The foregoing limited warranty is subject to the Customer’s proper storage, transportation, handling and use of the Products as the same are defined within Company’s then-current published guides and instructions for use and care. The limited warranty does not include defects due to normal wear and tear, abuse or misuse, mishandling, neglect, accident, fire, lightning, sunlight or other natural hazard, delivery or transportation damage, failure to follow applicable directions or instructions, or improper or inadequate cleaning, maintenance, care, repairs, modifications, or use beyond a Product’s intended use.
1.4. LIMITED WARRANTY CLAIMS PROCEDURE:
To obtain performance under this limited warranty, Customer shall notify Company in writing (to DEDON Inc., 657-C Brigham Road, Greensboro, NC 27409, Attn: Customer Service / Warranty Department) or by email (to [email protected]) with a full description of the defect that is covered by warranty and a copy of the dated proof of purchase of the applicable product. Company shall review each such claim and issue the purchaser a return merchandise authorization (“RMA”) in the event that the described defect or condition merits warranty review as determined by Company. Customers who have been issued a RMA shall return the covered item to the same physical address listed above for reporting initial claims. Company shall not accept any returned product without a RMA. Upon receipt, Company will evaluate the returned product(s) to determine if there is a warranty claim and, if so, how Company wishes to remedy the same. During a covered product’s respective limited warranty period, Company will, at Company’s sole and absolute option and discretion, (1) repair the defective component or product without charge or (2) replace the defective component or product without charge. Refunds are not available. Customer is solely responsible for transportation of the covered product(s) to and from the Company for evaluation (if applicable), repair, correction, replacement or exchange. Any repaired, corrected, replaced or exchanged Products shall be subject to the Limited Warranty set forth to the duration of the original limited warranty period as set forth in Section 1.1. and not for any extended duration, following their repair, correction, replacement or exchange. If Company has received notification from Customer of a potential claim under this limited warranty, and no defects of the Product could be discovered, Customer may bear the costs that Company incurred as a result of investigating such notice in Company’s sole and absolute discretion.
1.5. NO WARRANTY of any kind is provided by Company on any glass or acrylic tops. NO WARRANTY of any kind is provided by Company on any Company items provided as complimentary gifts with purchase. NO WARRANTY of any kind is provided by Company on any other accessories not manufactured by or for the Company, even if packaged or sold with the Products. The manufacturers or suppliers of such non-Company products may provide their own warranties and such warranties, if any, are Customer’s sole remedy with respect to such products. Company shall pass along to Customer the specific warranties offered by such manufacturers, if any. Company cannot guarantee or represent that such other manufacturer shall comply with the terms of such warranties.
1.6. With respect to custom-made or made-to-order Products, any defects of such Products caused by Customer’s own specifications and/or Customer’s own materials are excluded from the limited warranty set forth in Section 1.1. Company also makes no warranty that any Products manufactured to Customer’s specifications do not infringe the intellectual property or other proprietary rights of any third party and Customer is solely responsible for assuring that such Products do not so infringe.
1.7. IF A COMPANY PRODUCT DOES NOT CONFORM TO THESE LIMITED WARRANTIES, THE PURCHASER’S SOLE AND EXCLUSIVE REMEDY IS, AT COMPANY’S SOLE AND EXCLUSIVE OPTION, THE (1) REPAIR OF ANY DEFECTIVE PRODUCT OR COMPONENT PART OR (2) REPLACEMENT OF ANY DEFECTIVE PRODUCT OR COMPONENT PART. THE LIMITED WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND MADE IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, RIGHTS OR CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND. IF COMPANY CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. The Company does not assume or authorize any person to assume for them any other liability in connection with the Products.
2. EXCLUSION AND LIMITATION OF LIABILITY:
IN NO EVENT, WHETHER BASED ON CONTRACT OR TORT OR OTHER LEGAL THEORY, SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO OTHER PROPERTY, INCONVENIENCE, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL OR USE, INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, OR IMPOSED BY STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so the above limitations or exclusions may not apply to Customer. In jurisdictions that limit the scope of or preclude limitations or exclusion of remedies or damages, or of liability, such as liability for gross negligence or willful misconduct or do not allow implied warranties to be excluded, the limitation or exclusion of warranties, remedies, damages or liability set forth above are intended to apply to the maximum extent permitted by applicable law. This limited warranty gives the Customer specific legal rights, and the Customer may also have other rights that vary by state, country or other jurisdiction.
If any provision of this limited warranty is held to be illegal, invalid or otherwise unenforceable, such provision will be enforced to the extent possible consistent with its stated intention, or, if incapable of such enforcement, will be deemed to be severed and deleted from this limited warranty, while the remainder of the terms of this limited warranty will continue in full force and effect.
4. DISPUTE RESOLUTION:
This DEDON® Limited Warranty shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its principles of conflicts of law. The parties acknowledge the exclusive jurisdiction of the federal and state courts of the State of North Carolina. Any claims or disputes under this DEDON® Limited Warranty shall be heard exclusively in any state or federal courts sitting in Guilford County, North Carolina, and both parties expressly consent to the personal jurisdiction and venue of the North Carolina state and federal courts for such actions.
657-C Brigham Road
Greensboro | NC 27409
Tel.: 877/MY DEDON (693 3366)