Manufactured Products Warranty
The following warranty relates to Schu Specialty products only including:
· EZ-Air 200 Test Pump
· Last Drop Suction Gun
· Condensate Cleaner
· 1-2-3 Pipe Cutter
· No Mess Kit
Warranty. Seller’s exclusive remedy is that the products it manufactures conform to generally accepted industry standards at the time the products are manufactured. All products are provided “as is” and without any express or implied warranties of any kind from Seller, including any implied warranty of merchantability and any implied warranty of fitness for a particular purpose and Seller disclaims all such express and implied warranties to the fullest extent permitted by law. Buyer is solely responsible for determining the suitability of any products for Buyer’s intended use. This Warranty is subject to the Exclusions in Paragraph 4 below entitled “Exclusions”.
Warranty Period. This Warranty extends for a period of 1 year starting from the date the product is purchased by Buyer from Seller (“Warranty Period”).
Buyer’s Remedy. Buyer’s exclusive remedy for any valid claim under this Warranty as determined by Seller shall be the replacement or repair of the product at Seller’s cost and expense. Under no circumstances shall Seller be liable for any indirect, consequential, or incidental damages, including, but not limited to, loss of use or loss of profits.
Exclusions. This Warranty does not cover: (i) normal wear and tear, cosmetic damage, accidental damage, and defects or damage caused by factors outside of Seller’s control; (ii) defects or damage resulting from the failure to perform proper maintenance, improper maintenance, neglect, improper use, misuse, abuse, or vandalism; (iii) defects or damage caused by acts of nature such as weather, fire, or flood; (iv) defects or damage resulting from any modifications, alterations, or repairs not performed by Seller; and (v) damage caused by anyone other than the Seller.
Claims Procedure. A claim may be made only by the Buyer notifying Seller of any claim in an e-mail with the subject being “Schu Specialty Product Warranty Claim” sent to customerservice@schumarketing.com and received by Seller within the Warranty Period. All claims must be submitted by the original buyer with purchase order information. The warranty claim e-mail must specify in detail the claimed breach of this Warranty. Seller reserves the right to request additional information in order to process any claim.
Transferability. The rights granted herein may be assigned or transferred to an end user, subject to the terms of this agreement, and the Seller shall retain all applicable rights, limitations, and protections.
Governing Law. This Warranty shall be governed by the laws of the State of Minnesota without regard to its conflicts of law principles.
Workmanship Warranty
The following is a sample workmanship warranty for installation services. A final warranty document will be provided upon project completion.
This Workmanship Warranty (“Warranty”) is provided by Schu/Marketing Associates, Inc. (“Installer”) to [Property Owner] (“Owner”) in connection with the installation of partitions and associated hardware (“Work”) at the property (“Property”) noted below:
|
Job Name |
|
|
Location |
|
|
Material Installed |
|
|
Installation Completion Date |
|
|
Were pictures and the install checklist completed? |
Yes No If no, explain: |
This agreement is pursuant to the Installer’s Installation Agreement (“Installation Agreement”), the terms of which are incorporated into this Warranty by reference.
Introduction. Installer has been hired for the limited role of installing partitions and associated hardware made by companies other than the Installer. Since Installer can not control the other components of the installation, this Warranty is focused on the Installer’s limited role in the installation process: namely, the quality of Installer’s workmanship in performing the Work. This Warranty does not apply to or limit the Owner’s right to pursue any claims for defects in the partitions or associated hardware directly with the manufacturer(s) of those products.
Warranty Coverage and Warranty Period. Installer warrants that its installation services will conform to generally accepted industry standards at the time Installer performs the Work. This Warranty extends for a period of 6 months starting from the Warranty Effective Date specified at the end of this Warranty (“Warranty Period”). This Warranty is subject to the Exclusions in Paragraph 4.
Owner’s Remedy. Owner’s exclusive remedy for any valid claim under this Warranty as determined by the Installer shall be the prompt repair or re-performance of any defective Work at Installer’s sole cost and expense.
Exclusions. This Warranty does not cover:
1. Normal wear and tear, cosmetic damage, accidental damage, and defects or damage caused by factors outside of Installer’s control.
2. Defects or damage resulting from the failure to perform proper maintenance, improper maintenance, neglect, improper use, misuse, abuse, or vandalism.
3. Defects or damage caused by acts of nature such as weather, fire, or flood.
4. Defects or damage caused by the settling or other movement of the Property.
5. Defects or damage resulting from any modifications, alterations, or repairs not performed by Installer.
6. Damage caused by anyone other than the Installer.
7. Defects or damage resulting from the condition of the partitions or the associated hardware when installed by the Installer.
8. Defects or damage that are covered by other warranties, including, any manufacturer’s warranty..
Claims Procedure. Owner shall notify Installer in writing within 90 days of the installation completion date noted above of any claims under this Warranty specifying in detail the claimed breach of this Warranty. All claims must be emailed to: division10@schumarketing.com and must include all detail including pictures of the issue. The installer reserves the right to request additional information and/or require a jobsite visit.
Installer’s Liability. Installer’s liability under this Warranty is limited to the cost of repairing or correcting the defective workmanship. Under no circumstances shall Installer be liable for any indirect, consequential, or incidental damages, including but not limited to, loss of use or loss of profits. Parts, components, and labor outside of the scope of the warranty may be at an additional cost.
Transferability. This Warranty is not transferable except once during the Warranty Period to a new owner of the Property.
Governing Law. This Warranty shall be governed by the laws of the State of Minnesota without regard to its conflicts of law principles.
Warranty Effective Date. The Warranty Effective Date for this Warranty is the the later of the installation completion date as noted above or the date in which full payment is rendered for the installation.
INSTALLER:
SCHU/MARKETING ASSOCIATES, INC.
Independent Sales Representative Disclaimer
Schu/Marketing Associates, Inc. (“Representative”) acts solely as an independent sales representative for the manufacturer(s) of the products identified in our quotations. The Representative is not the manufacturer and does not control the manufacturing, design, or production of any product. Any product descriptions, drawings, or specifications are provided only by the manufacturer and are subject to the manufacturer’s final documentation.
As a consequence of the Representative’s independent sales representative status: (i) all products are provided “as is” and without any express or implied warranties of any kind from Representative, including any implied warranty of merchantability and any implied warranty of fitness for a particular purpose and Representative disclaims all such implied warranties to the fullest extent permitted by law; (ii) a buyer of any product is solely responsible for determining the suitability of the product for the buyer’s intended use and for verifying site conditions, design requirements, and compliance with applicable codes and other requirements; (iii) any warranties, remedies, and service obligations relating to any product are solely those offered, if any, by the manufacturer; (iv) a buyer’s exclusive remedy for product defects or nonconformities shall be limited to the manufacturer’s warranty, procedures, and limitations; and (v) any information provided by the Representative is solely for the convenience of the buyer and is subject to, overridden by, and controlled by the information available from the manufacturer.