Premier Sports Products
(1) What Is Covered By This Warranty. Premier Sports Products LLC (“Premier”), the seller of the Premier Sports Shelter and Premier Sports Bench (“Shelter” or “Bench”), warrants to the original consumer purchaser only that the Shelter or Bench that is the subject of this sale: (a) conforms to Premier’s published specifications, and (b) is free from defects in material or workmanship. The duration of this warranty is one (1) year from the date of delivery. A Shelter or Bench returned to Premier in accordance with the following procedures, all repairs by Premier including parts and labor, any replacement Shelter or Bench, and the return of a repaired or replaced Shelter or Bench to the buyer is without charge and at Premier’s expense.
(2) Warranty Procedures. If the buyer discovers within the one year period a failure of the Shelter or Bench to conform to specifications or a defect in material or workmanship, the buyer must promptly notify Premier in writing and provide a dated sales receipt and shipping invoice. In no event shall such notification be effective if received by Premier later than 12 months from the date of delivery. Within a reasonable time after such notice, Premier will correct any failure of the Shelter or Bench to conform to specifications or any defect in material or workmanship, with either new or used replacement parts. All warranty service will be performed at service centers in Washington designated by Premier. If Premier is unable to repair the Shelter or Bench to conform to the warranty after a reasonable number of attempts, Premier will provide, at its option, one of the following: (a) a replacement Shelter or Bench, or (b) full refund of the purchase price. THESE REMEDIES ARE THE BUYER’S EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY.
(3) What Is Not Covered By This Warranty. Premier does not expressly warrant: (a) any product, components, or parts not manufactured by Premier, (b) defects caused by failure to provide a suitable installation environment for the Shelter or Bench, (c) damage caused by use of the Shelter or Bench for purposes other than those for which it was designed, (d) damage caused by unauthorized attachments or modifications, (e) damage during shipment, (f) any other foreseeable or unforeseeable misuse or abuse by the buyer, or (g) damage caused by storms, wind, hail, lightning, fire, or flood. Additionally, Premier makes no representations that the Shelter or Bench is suitable for use in windy conditions or that any included metal spikes or weight bags are sufficient to hold the shelter in place in windy conditions. If the product does include metal spikes and/or weight bags, they should always be used in order to secure the Shelter or Bench.
(4) Disclaimer of Warranty. No warranties implied by operation of law are disclaimed during the duration of the one year warranty period located in paragraph (1). UPON EXPIRATION OF THE ONE YEAR WARRANTY PERIOD, PREMIER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS TO ANY AND ALL ASPECT OF THE SHLETER OR BENCH. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
(5) Limitation of Remedies. IN NO CASE SHALL PREMIER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY OTHER LEGAL THEORY. Such damages include but are not limited to: loss of profits, loss of capital, savings or revenue, loss of use of the Shelter or Bench or any associated equipment, the cost of any substitute equipment, the claims of third parties, and injury to property. This limitation does not apply to claims for personal injury. Some states do not allow the exclusion or limitation or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
(6) Time Limit for Bringing Suit. Any action for breach of warranty must be commenced within 15 months following delivery of the Shelter or Bench.
(7) No Other Warranties. Unless modified in a writing signed by both parties, this limited warranty is understood to be the complete and exclusive warranty agreement between the parties, superseding all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this agreement. No employee of Premier or any other party is authorized to make any warranty in addition to those made in this agreement.
(8) Other Relevant Information. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. This warranty is void in the event that repairs are made by anyone other than Premier without prior authorization from Premier. The terms or this warranty shall be governed by the laws of the state of Washington.