SunSetter Flagpole Manufacturer's 5-Year Limited Warranty
- WHO GIVES THIS WARRANTY?
SunSetter Products LP (hereinafter “SunSetter Products”), 184 Charles Street, Malden, MA 02148.
- WHO IS ENTITLED TO THIS WARRANTY?
This Warranty applies only to the original purchaser who paid for the product and may not be assigned or transferred to subsequent owners. This Warranty applies only to products purchased and installed in the USA.
- WHAT ARE THE RESPONSIBILITES OF SUNSETTER PRODUCTS UNDER THIS WARRANTY?
Subject to the terms and conditions set forth herein, SunSetter Products will furnish replacements for parts found by SunSetter Products to be defective in design, manufacture or assembly, under each specific component or product warranty as set forth below.
- WHAT ARE THE RESPONSIBILITES OF THE ORIGINAL PURCHASER UNDER THE WARRANTY?
- To activate this warranty or to receive coverage, the original purchaser must fill out and mail to SunSetter Products the registration card included with the product, or submit the online registration form or show SunSetter Products a dated proof of delivery (copy of original purchase receipt) when submitting a claim.
- Before any claims may be made under this Warranty, the original purchaser must have paid in full for the product covered under the Warranty, according to the terms and conditions of the pay-plan defined in the original order. IF THE PURCHASER HAS FAILED TO MAKE FULL PAYMENTS ACCORDING TO THE SPECIFIC PAY PLAN FOR THE PRODUCT, THIS WARRANTY SHALL BE NULLIFIED AND SUNSETTER PRODUCTS SHALL BE RELIEVED FROM ANY RESPONSIBILITY OR LIABILITY UNDER THIS WARRANTY. The purchaser agrees and acknowledges that this Warranty agreement constitutes an executory contract.
- The purchaser must use care in installation, maintenance, operation, use, and storage of the product in accordance with the instructions contained with the product. ANY FAILURE TO INSTALL, MAINTAIN, OPERATE, USE AND STORE THE PRODUCT IN ACCORDANCE WITH THE INSTRUCTIONS CONTAINED WITH THE PRODUCT WILL NULLIFY THIS WARRANTY AND RELIEVE SUNSETTER PRODUCTS FROM ANY RESPONSIBILITY OR LIABILITY UNDER THIS WARRANTY.
- Promptly notify SunSetter Products of any claims.
- The purchaser may be required to provide a photograph of any defective parts. The purchaser may also be required to pay a deposit until the defective parts are returned to SunSetter Products for inspection. The purchaser must obtain a return authorization form from SunSetter Products' customer service department prior to the return of any merchandise and after having received such authorization, return the part or product, freight prepaid, to SunSetter Products.
- WHAT IS COVERED UNDER THIS WARRANTY?
SUnder this Warranty, the SunSetter Flagpole has a five (5) year limited warranty, from the date of the original purchase, against manufacturer's defects. Subject to the terms and conditions set forth herein, SunSetter Products will furnish replacement for parts found by SunSetter Products to be defective in design, manufacture or assembly, provided that the flagpole is not subjected to excessive winds.
- WHAT IS NOT COVERED UNDER THIS WARRANTY?
- Any failure or damage of the components that results from normal wear and tear, negligence, misuse, accident, improper installation or stormy weather is not covered by this Warranty.
- Labor charges connected with installation of replacement parts are not covered by this Warranty.
- 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.
- This Warranty is exclusive to the Flagpole and does not apply to the flag.
- GENERAL PROVISIONS AND LIMITATIONS
- THE WARRANTY GRANTED HEREIN IS THE EXCLUSIVE REMEDY FOR THE PURCHASER. SUNSETTER PRODUCTS MAKES NO OTHER WARRANTIES TO THE PURCHASER, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATIONS, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
- 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.
- 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.
- This warranty gives you specific rights, and you may have other rights, which vary from state to state.