Articulateshade Aspen Instructions d'assemblage, d'utilisation et d'entretien - Page 8

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Warranty

Limited Warranty; Warranty Period. Subject to the exclusions and other limitations set forth below, ARTiculatedshade,

LLC. ("We" or "Us") warrants to the original end-user ("You") that (a) the canopy (the "Canopy") of the ARTiculatedshade, LLC

Compact Patio Umbrella manufactured by Us will be free from material defects in both material and workmanship (the "Canopy

Limited Warranty") for a period of five years after Your purchase of the Canopy (the "Canopy Warranty Period") and (b) the frame

(including the mast, ribs, plastic hubs and connectors, pulleys, cleats and fasteners) (the "Frame" and together with the Canopy,

the "Product") of the ARTiculatedshade, LLC Compact Patio Umbrella manufactured by Us will be free from material defects in

both material and workmanship (the "Frame Limited Warranty" and together with the Canopy Limited Warranty, the "Limited

Warranty") for a period of three years after Your purchase of the Frame (the "Frame Warranty Period" and together with the Canopy

Warranty Period, the "Warranty Periods"). THE LIMITED WARRANTY IS MADE IN LIEU OF ALL OTHER GUARANTEES AND/OR

WARRANTIES, EXPRESS OR STATUTORY AND IS GIVEN ONLY TO YOU AND IS NOT TRANSFERABLE TO ANY THIRD PARTY. ALL IMPLIED

WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

APPLICABLE TO (i) THE CANOPY ARE LIMITED IN DURATION TO THE CANOPY WARRANTY PERIOD OR (ii) THE FRAME ARE LIMITED IN

DURATION TO THE FRAME WARRANTY PERIOD. This Limited Warranty gives You specific legal rights, and You may also have other

rights that vary from State to State.

Limitations on the Warranty. The Limited Warranty DOES NOT cover (a) any cosmetic damage, including exposed parts

of the Product that are scratched or damaged, fading, or variations in color, (b) non-material damage that does not directly

influence shade production of the Product or safety, or (c) any defects caused by (i) normal wear and tear; (ii) abuse, neglect,

tampering, or misuse of the Product; (iii) any accident, act of God (including wind), or other event occurring beyond Our

reasonable control or after Your purchase of the Product (including but not limited to corrosion and other effects of natural

contaminants at a location where the Product has been located); (iv) misapplication, overloading, or improper installation; (v)

improper operation, maintenance, repair, handling, transport, storage, or environmental conditions; (vi) Product alteration in any

manner by anyone other than Us; (vii) shipping; or (viii) falling over of the Product due to any of the foregoing (i) - (vii). The

presence of such limitations shall be determined by Us in Our sole discretion.

Remedies and Limitations. If the Product does not comply with the Limited Warranty during the applicable Warranty

Period, (a) You shall submit to Us within 10 days after Your discovery of such non-compliance a written claim meeting the

requirements set forth below (a "Warranty Claim), and (b) Your sole and exclusive remedy is that We will, at Our option, either (i)

replace the applicable Product or the defective part of the applicable Product or (ii) repair the applicable Product or the defective

part of the applicable Product, in each case, within a reasonable time after Your submission of the Warranty Claim. We shall, at

Our option, use new or refurbished parts for replacement. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE AND EXCLUSIVE

LIABILITY, FOR NON-COMPLIANCE WITH THE LIMITED WARRANTY IS AS SET FORTH IN THIS PARAGRAPH. WE SHALL NOT BE LIABLE

FOR ANY LOSS OF USE, LOSS OF PROFITS, OR LOSS OR DAMAGE TO YOUR PROPERTY, OR FOR ANY OTHER INCIDENTAL,

CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT MAY ARISE, AND THE TOTAL LIABILITY OF US SHALL NOT EXCEED THE PRICE

PAID BY YOU FOR THE PRODUCT. Some States do not allow the exclusion or limitation of incidental or consequential damages, so

the above limitations or exclusions may not apply to You.

Obligations of Purchaser. To make a Warranty Claim, contact Us by mail or courier at Our principal address of 1089 Gil-

bert Street, Boulder, Colorado 80302, and in Your Warranty Claim, (a) identify Your name and contact information (including Your

phone number, email address, and address where the Product is located), (b) identify the Product by model and serial number, (c)

describe with reasonable specificity the alleged non-compliance, (d) identify the date of Your discovery of the non-compliance,

and (e) enclose a copy of Your purchase receipt to verify date of purchase and that You are the original end-user. After We contact

You regarding Your Warranty Claim, You shall follow the instructions We provide for returning the non-complying Product. At Our

request, You shall return any Product or part that is replaced by Us to the location designated by Us, and such Product or part shall

become Our property upon such request. You are responsible for all of the following if incurred by Us as a result of Your Warranty

Claim: (i) any labor charges that apply to (A) Our cutting or sewing of the Canopy or (B) the installation of any part, and (ii) any

shipping and freight charges, and You shall pay all such amounts within 30 days after our delivery of an invoice therefor. If You

would like to speak with Us regarding this Limited Warranty, Our customer service team is available at 303-817-4606 and can be

emailed at [email protected] from 9:00 a.m. to 5:00 p.m. Mountain Prevailing Time, Monday through Friday except

holidays.

Assumption of Risk. Your use of the Product for any purpose other than the specified uses stated in the Product

instructions is at Your own risk.

Governing Law. The Limited Warranty gives You specific legal rights, and You also may have other rights which vary from

state to state. The Limited Warranty and the rights and obligations herein are governed by the laws of the State of Colorado,

without regard to rules pertaining to conflicts of law. The state courts located in Boulder County, Colorado shall have exclusive

jurisdiction for any disputes relating to the Limited Warranty.

ARTiculatedshade