LIMITED WARRANTY ON AQUA MARINE DECK PRODUCTS
THIS LIMITED WARRANTY GIVES YOU CERTAIN LEGAL RIGHTS AS DESCRIBED HEREIN. YOU MAY HAVE OTHER RIGHTS, WHICH MAY BE DIFFERENT, DEPENDING ON THE STATE.
OUR RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED EXCLUSIVELY TO REPAIR OR REPLACEMENT, AS DESCRIBED BELOW IN THIS WARRANTY STATEMENT.
THIS LIMITED WARRANTY CAN ALSO BE FOUND ONLINE AT WWW.AQUAMARINEDECK.COM AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCT. THIS LIMITED WARRANTY SUPERSEDES AND REPLACES ANY PREVIOUS WARRANTY MADE OR OFFERED TO YOU.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCT WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP, AND EXCESSIVE FADING OR POLYMER DEGRADATION THAT RESULTS ONLY FROM DEFECTIVE MATERIALS.
OTHER THAN THIS LIMITED WARRANTY, WE SPECIFICALLY DISCLAIM ALL ESTABLISHED, EXPRESS, AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH THE SOLE AND EXCLUSIVE WARRANTY BEING THE WARRANTY SPECIFICALLY STATED WITHIN THIS LIMITED WARRANTY. EXCEPT FOR THE PROVISIONS STATED IN THIS LIMITED WARRANTY, NO AGENT, EMPLOYEE, SUBCONTRACTOR, OR REPRESENTATIVE OF AQUA MARINE DECK, INC., NOR ANY (OTHER) THIRD PARTY, HAS THE AUTHORITY TO BIND US TO ANY WARRANTY NOT SPECIFICALLY STATED IN THIS LIMITED WARRANTY. THIS LIMITED WARRANTY SHALL NOT BE MODIFIED BY ANY COURSE OF DEALING, INCLUDING OFFERS BY AQUA MARINE DECK, INC. TO REPAIR OR REPLACE THE PRODUCT IN CERTAIN SPECIFIC SITUATIONS.
WARRANTY APPLIES ONLY TO ORIGINAL PURCHASE
Aqua Marine Deck, Inc., located at 1050 Parkway Industrial Park Drive, Suite 500, Buford, GA 30518 ("we" or “us”) extends this limited warranty only to the consumer who originally purchased the product ("you"). It does not extend to any subsequent owner or other transferee of the product, and cannot be transferred or assigned by you to any other person or entity.
This limited warranty covers only defects in materials and workmanship at the time of manufacture of the product defined in the purchase order or receipt accompanying this limited warranty (“the product") for the Warranty Period as defined herein.
EXCLUSIONS FROM WARRANTY COVERAGE
This limited warranty does not apply if there is any damage to the product due to: (a) improper installation of the product onto any surface; (b) adhesion of the product to a boat deck or to any other surface to which the product is applied; (c) any issue with the product stemming from non-defective materials; (d) exposure of the product to temperatures above 165ºF. Note this can occur when sunlight is amplified from reflective surfaces, or passes through a refractive medium, such as windshields or other clear objects or structures (e.g., eyeglasses, clear drinking glasses, inflatable pool toys, water bottles, etc.); (e) failure to follow the product instructions or to perform preventive maintenance; (f) alterations to the product; (g) unauthorized repair; (h) normal wear and tear; (i) accident, neglect, abuse, application of improper cleaning products or procedures, or other actions or events beyond our reasonable control; or (j) tears, burns, cuts, shredding. Removing any care labels voids the warranty. If the color Red or Black are used as a Top Color, there is no warranty on it.
This limited warranty lasts three (3) years, maximum, if not voided earlier (the "Warranty Period"), beginning the day you purchased the product. The Warranty Period is not extended if the product has been repaired or replaced. We may change this limited warranty at our discretion, in a non-retroactive manner.
In our sole discretion, upon proof of purchase (and purchase date) by you, we will either repair or replace a defective product during the Warranty Period with a like or substantially similar product. You must pay for shipping fees of the defective product to us, should that be required, and also the shipping fees for returning the repaired or replacement product to you. This is your sole and exclusive remedy and, if this remedy fails, then your economic remedy shall be limited to the purchase price of the product, prorated for the amount of time left in the Warranty Period. This Limited Warranty shall be governed by and construed according to the laws of the State of Georgia. Each party agrees that the sole and exclusive jurisdiction and venue for all claims arising under or relating to this limited warranty shall in a State of Georgia court located in Cobb County, Georgia or the United States District Court, Northern District of Georgia, wherein each party waives all rights to a jury trial.
WARRANTY SERVICE PROCESS
To obtain warranty service, during the Warranty Period you must contact customer service by phone (770-614-4417) or by email at email@example.com to obtain a warranty claim number. During this process you may be asked to submit images of the defective area so that it can be evaluated by Aqua Marine Deck for possible defects, as well as proof of purchase by you and purchase date. You may also send the defective merchandise, tagged with your warranty claim number, via mail to: Aqua Marine Deck, Attn: Warranty Department, 1050 Parkway Industrial Park Drive, Suite 500, Buford, GA 30518. If deemed defective by us, at our sole discretion, we will repair or replace the defective product in accordance with the terms of this limited warranty.
LIMITATION OF LIABILITY
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, PRORATED FROM PURCHASE DATE, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY OR MAY NOT APPLY.