Art Deco warrants all marker boards (the "Product"), and only the Product, against defects in materials and workmanship under normal use for a period of TWELVE MONTHS (365) days from the date of purchase by the original purchaser ("Warranty Period"). Under this Limited Warranty, if a defect arises and a valid claim is received by Art Deco within the Warranty Period, at its option and to the extent permitted by law, Art Deco will either (1) repair the Product at no charge at its facility, using new or refurbished replacement parts or (2) exchange the Product with a new or refurbished Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. This Limited Warranty is valid only in the United States for Products sold in the United States.
A replacement Product or part assumes the remaining warranty of the original Product or twelve months (365) days from the date of replacement or repair, whichever is longer. When a Product or part of the Product is exchanged, any replacement item becomes your property and the replaced item becomes Art Deco’s property. Parts provided by Art Deco in fulfillment of its warranty obligation must be used in Products for which warranty service is claimed.
Instructions to Obtain Warranty Service: To obtain warranty service, you must deliver the Product, freight prepaid, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Art Deco. In accordance with applicable law, Art Deco may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. For specific instructions on how to obtain warranty service on your Product, email us at firstname.lastname@example.org
Exclusions and Limitations. Art Deco is not responsible for damage arising from failure to follow instructions relating to the Product's use or installation. Art Deco is not responsible for damage arising from use of Dry erase markers, Wet erase markers, or Permanent markers that are not approved by Art Deco.
This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of Art Deco or if the Product is used or installed in a manner not approved by Art Deco. In addition, this Limited Warranty does not apply: (a) to damage caused by use with non-Art Deco products; (b) to damage caused by excessive heat, accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by use of the Product outside the intended uses described by Art Deco; or (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Art Deco unless otherwise permitted according to Art Deco’s instructions.
This Limited Warranty does not cover the cost of returning the Product to Art Deco; this is your responsibility.
No Art Deco reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
Implied Warranties. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY.
Limitation of Damages. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, K9 KENNELS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY.
Consumer Protection. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by state to state.
Governing Law and Arbitration. This Limited Warranty shall be governed by the laws of the State of Utah without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any claim or dispute in connection with this Limited Warranty shall be resolved in a cost effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal jurisdiction of the state courts located within Weber County, Utah and the federal courts in Utah for the purpose of litigating all such claims or disputes, which courts shall have exclusive jurisdiction of such claims or disputes. Notwithstanding the foregoing, Art Deco may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
Art Deco reserves the right to improve any product through changes in design or materials as it may deem desirable without being obligated to incorporate such changes in products of previous manufacture.