GMG WOODCRAFTS LLC
LIMITED WARRANTY ON PRODUCTS
The following informal dispute resolution procedure is available to you if you believe that we have not performed our obligations under this limited warranty:
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
THIS LIMITED WARRANTY CAN ALSO BE FOUND AT https://www.gmgwoodcrafts.com/limited-warranty.html AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE DELIVERED WITH GOOD AND VALID TITLE TO THE PRODUCTS AND WILL BE FREE FROM MATERIAL DEFECTS IN MATERIAL AND WORKMANSHIP. BUYER ACKNOWLEDGES AND AGREES THAT NATURAL VARIATIONS IN THE WOOD, RESIN, AND OTHER MATERIALS DO NOT CONSTITUTE DEFECTS.
WE ALSO WARRANT THAT DURING THE WARRANTY PERIOD THE SERVICES PURCHASED FROM THE SITE WILL BE PERFORMED IN A WORKMANLIKE MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
GMG Woodcrafts shall not be liable for a breach of the warranty set forth in this Limited Warranty unless: (i) you give written notice of the defect, reasonably described, to GMG Woodcrafts within thirty (30) days of the time when you discover or ought to have discovered the defect, but no later than thirty (30) days after the end of the Warranty Period; (ii) GMG Woodcrafts is given a reasonable opportunity after receiving the notice to examine such product and you (if requested to do so by GMG Woodcrafts) returns such product to GMG Woodcrafts’s place of business at your cost for the examination to take place there; and (iii) GMG Woodcrafts reasonably verifies your claim that the product is defective.
GMG Woodcrafts shall not be liable for a breach of the warranty set forth in this Limited Warranty if: (i) you make any further use of such product after giving such notice; (ii) the defect arises because you failed to follow GMG Woodcrafts’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product; (iii) you alter or repair such product without the prior written consent of GMG Woodcrafts; (iv) the product has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions or use contrary to any instructions issued by GMG Woodcrafts; or (v) the product has been reconstructed, repaired, or altered by you or any third party without GMG Woodcrafts’s prior written consent.
Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Site.
What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
· transportation;
· storage;
· improper use;
· failure to follow the product instructions or to perform any preventive maintenance;
· modifications;
· combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by GMG Woodcrafts;
· unauthorized repair;
· normal wear and tear; or
· external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
What is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for one (1) year the “Warranty Period”. The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.
With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services.
How Do You Obtain Warranty Service?
To obtain warranty service, you must call (415) 497-6883 or email our Customer Service Department at [email protected] during the Warranty Period to obtain prior written authorization and instructions before shipping your product. No returns of any type will be accepted without prior written authorization.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW, GMG WOODCRAFTS AND ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, PARTNERS, SHAREHOLDERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AGENTS, ADVISORS, AND REPRESENTATIVES (COLLECTIVELY, “SELLER PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, ENHANCED, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS LIMITED WARRANTY (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, BREACH OF WARRANTY OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF THAT PARTY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER PARTIES’ COLLECTIVE LIABILITY IN CONNECTION WITH OR ARISING OUT OF THIS LIMITED WARRANTY SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID OR PAYABLE BY YOU TO GMG WOODCRAFTS. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED UNDER THIS PROVISION EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR FAILS OF ITS ESSENTIAL PURPOSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
What can you do in case of a dispute with us?
The following informal dispute resolution procedure is available to you if you believe that we have not performed our obligations under this Limited Warranty
DISPUTE RESOLUTION AND BINDING ARBITRATION.
YOU AND GMG WOODCRAFTS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
THIS PROVISION REGARDING ARBITRATION OF DISPUTES SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL OR EQUITABLE REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.
The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this provision. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this provision.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within sixty (60) days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR GMG WOODCRAFTS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You must use this informal procedure before pursuing any legal remedy in the courts.
LIMITED WARRANTY ON PRODUCTS
The following informal dispute resolution procedure is available to you if you believe that we have not performed our obligations under this limited warranty:
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
THIS LIMITED WARRANTY CAN ALSO BE FOUND AT https://www.gmgwoodcrafts.com/limited-warranty.html AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE DELIVERED WITH GOOD AND VALID TITLE TO THE PRODUCTS AND WILL BE FREE FROM MATERIAL DEFECTS IN MATERIAL AND WORKMANSHIP. BUYER ACKNOWLEDGES AND AGREES THAT NATURAL VARIATIONS IN THE WOOD, RESIN, AND OTHER MATERIALS DO NOT CONSTITUTE DEFECTS.
WE ALSO WARRANT THAT DURING THE WARRANTY PERIOD THE SERVICES PURCHASED FROM THE SITE WILL BE PERFORMED IN A WORKMANLIKE MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
GMG Woodcrafts shall not be liable for a breach of the warranty set forth in this Limited Warranty unless: (i) you give written notice of the defect, reasonably described, to GMG Woodcrafts within thirty (30) days of the time when you discover or ought to have discovered the defect, but no later than thirty (30) days after the end of the Warranty Period; (ii) GMG Woodcrafts is given a reasonable opportunity after receiving the notice to examine such product and you (if requested to do so by GMG Woodcrafts) returns such product to GMG Woodcrafts’s place of business at your cost for the examination to take place there; and (iii) GMG Woodcrafts reasonably verifies your claim that the product is defective.
GMG Woodcrafts shall not be liable for a breach of the warranty set forth in this Limited Warranty if: (i) you make any further use of such product after giving such notice; (ii) the defect arises because you failed to follow GMG Woodcrafts’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product; (iii) you alter or repair such product without the prior written consent of GMG Woodcrafts; (iv) the product has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions or use contrary to any instructions issued by GMG Woodcrafts; or (v) the product has been reconstructed, repaired, or altered by you or any third party without GMG Woodcrafts’s prior written consent.
Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Site.
What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
· transportation;
· storage;
· improper use;
· failure to follow the product instructions or to perform any preventive maintenance;
· modifications;
· combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by GMG Woodcrafts;
· unauthorized repair;
· normal wear and tear; or
· external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
What is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for one (1) year the “Warranty Period”. The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.
With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services.
How Do You Obtain Warranty Service?
To obtain warranty service, you must call (415) 497-6883 or email our Customer Service Department at [email protected] during the Warranty Period to obtain prior written authorization and instructions before shipping your product. No returns of any type will be accepted without prior written authorization.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW, GMG WOODCRAFTS AND ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, PARTNERS, SHAREHOLDERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AGENTS, ADVISORS, AND REPRESENTATIVES (COLLECTIVELY, “SELLER PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, ENHANCED, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS LIMITED WARRANTY (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, BREACH OF WARRANTY OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF THAT PARTY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER PARTIES’ COLLECTIVE LIABILITY IN CONNECTION WITH OR ARISING OUT OF THIS LIMITED WARRANTY SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID OR PAYABLE BY YOU TO GMG WOODCRAFTS. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED UNDER THIS PROVISION EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR FAILS OF ITS ESSENTIAL PURPOSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
What can you do in case of a dispute with us?
The following informal dispute resolution procedure is available to you if you believe that we have not performed our obligations under this Limited Warranty
DISPUTE RESOLUTION AND BINDING ARBITRATION.
YOU AND GMG WOODCRAFTS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
THIS PROVISION REGARDING ARBITRATION OF DISPUTES SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL OR EQUITABLE REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.
The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this provision. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this provision.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within sixty (60) days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR GMG WOODCRAFTS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You must use this informal procedure before pursuing any legal remedy in the courts.