Ten (10) Year Limited Warranty (this “Limited Warranty”)
Subject to the exclusions contained below, WALLTEK Storage Ltd. (“WALLTEK”) warrants to the original buyer (the “Buyer”) that its slat wall panelling and related storage accessories (collectively, the “Product”) will be free from defects in materials and workmanship that have an effect on Product functionality under normal application, installation, and household use at the time of purchase and for a period of ten (10) years thereafter. WALLTEK further warrants to the Buyer that WALLTEK’s installation of the Product (if applicable) will conform to industry standards and quality guidelines and that, upon written notice from a Buyer, it will correct any faults related to defective installation of the Product by WALLTEK at no additional cost to the Buyer for a period of ten (10) years from the original date of sale.
This Limited Warranty is intended to provide coverage only to the Buyer. No other person or business can claim coverage or has rights under this Limited Warranty. This Limited Warranty provides the Buyer with specific legal rights, but the Buyer may also have other legal rights. Those rights will vary from province to province.
Claims under this Limited Warranty can only be accepted if the Buyer can provide proof that the malfunctioning or non-conformity of a Product results exclusively from defects in materials, workmanship and/or installation by WALLTEK (if applicable) under normal application, installation and household use. This Limited Warranty DOES NOT apply to any Product which has been subjected to negligence in transportation, handling, storage or use, or has been repaired by the Buyer, or in any way tampered with, or which has been subjected to improper application, installation by the Buyer, alteration, or which has been subject to flood, fire, or other acts of nature, or which has been subjected to accidental breakage, vandalism, explosions, acts of war, or other events outside of WALLTEK’s control. Any color change on a Product or any other changes in Product appearance stemming from the normal wear and tear over time of Product materials do not represent defects, insofar as the change in appearance does not stem from defects in materials and/or workmanship, and does not cause degradation of functionality of the Product. If the Product fails to conform to this Limited Warranty, WALLTEK will, at its option, either repair, replace or reinstall the Product.
To the maximum extent permitted by applicable law, WALLTEK hereby disclaims and will have no responsibility or liability whatsoever for, damage or injury to persons or property or for other loss or injury resulting from any cause whatsoever arising out of or related to any of its Products, their use OR THEIR INSTALLATION BY WALLTEK (IF APPLICABLE). WALLTEK’s liability hereunder is limited solely to the repair, replacement OR REINSTALLATION (IF APPLICABLE) of the defective Product and WALLTEK will in no event be liable for any incidental or consequential damages which may result from any defect in materials, workmanship OR INSTALLATION BY WALLTEK or from the breach of any express or implied warranty. This means, without limiting the foregoing, that this Limited Warranty does not cover claims for: damages to homes or other structures, interiors, exteriors, furniture, contents, appliances, loss of income, loss of enjoyment, storage fees, economic loss, or any other loss or damage.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WALLTEK’S AGGREGATE LIABILITY, IF ANY, IN DAMAGES OR OTHERWISE, WILL NOT EXCEED THE PURCHASE PRICE PAID TO WALLTEK BY THE BUYER FOR THE PRODUCT AND INSTALLATION BY WALLTEK (IF APPLICABLE) IN THE CASE OF A WARRANTY CLAIM.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above conditions may not apply to the Buyer in those jurisdictions. Some jurisdictions limit or do not permit disclaimers of liability so the above conditions may not apply to the Buyer in those jurisdictions.
If the Buyer believes that it has a justified claim covered by this Limited Warranty set forth above, then the Buyer will comply with the following return process. The Buyer must submit such claim in writing to WALLTEK within the applicable warranty period specified above to the following address: #113-1999 Savage Road, Richmond, British Columbia, V6V 0A5. Such notice must enclose proof of purchase of the Product.
Upon receipt of such written claim, WALLTEK may seek further verification of the Buyer’s claim of a breach of one of the foregoing limited warranties. The Buyer will return the allegedly defective product to WALLTEK at the Buyer’s expense or WALLTEK will inspect the improper installation of the Product by WALLTEK (if applicable) at WALLTEK’s expense. If WALLTEK verifies in its reasonable judgment that a Product, or its installation by WALLTEK, does not comply with this Limited Warranty, then WALLTEK, at its option, will either repair the affected Product or provide a new replacement Product shipped to the Buyer at the Buyer’s expense, or reinstall the Product at WALLTEK’s expense. Any repair, replacement or reinstallation of an affected Product will not increase the applicable warranty period. WALLTEK reserves the right to deliver a similar Product in replacement of the returned Product should the production of the returned Product be discontinued or otherwise unavailable. Ownership of all Products which have been replaced is passed to WALLTEK.
Unless otherwise required by any mandatory applicable law, this Limited Warranty does not cover any transportation costs for returned Products, or for reshipment of any repaired or replaced Products, or any other cost associated with installation, removal or reinstallation of the Product (except for the reinstallation of the Product by WALLTEK for defects in the original installation of the Product by WALLTEK).
EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, THE FOREGOING REMEDIES STATE WALLTEK’S SOLE AND EXCLUSIVE OBLIGATION AND THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING LIMITED WARRANTY.
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