CASS HUDSON COMPANY LIMITED WARRANTY
(NORTH AMERICAN EZ-Reach Retail Sales)
This Limited Warranty (“Warranty”) outlines applicable coverage and claim procedures for Products, as defined herein, sold by Cass Hudson Company (the direct seller being the only warrantor referenced herein as “Warrantor”, “we”, “us” or “our”).
Coverage. Subject to these terms, we warrant ONLY to you, the original purchaser(“you” or “your”), that the products that we manufacture (the “Product(s)”) will be free from defects in materials and workmanship at the time of sale. We will honor this Warranty for a period of one (1) year from the date of retail purchase, and cover only Products sold and used in the United States and Canada.
Service. For Products having a covered defect within the Warranty period, we will, in our sole and absolute discretion, repair or replace the Product with a new or refurbished component, or provide a pro rata refund of that portion of the Product. There is no other warranty.
Notice. No remedy will be required or offered unless we receive written notice of a claimed defect. You must make any claim of defect, including without limitation under this Warranty, in writing, with full particulars, promptly after the defect was or reasonably should have been discovered, and in any event no later than sixty (60) days of its discovery. In the event of any accident, injury to person, damage to property, or other loss involving a Product, you must notify us in writing within thirty (30) days of the incident or within ten (10) days of notification to you, whichever is earlier. In the event of any survey, test, or inspection to be conducted on a Product, you must notify us in writing immediately so that we, at our sole election, may participate in that activity or conduct our own survey, test, or inspection in advance. Your written notice must describe the defect, provide the customer’s name and address, state the location of the Product, and provide us full particulars (see below). As a condition of coverage, we must be provided access to the original Product for inspection, testing, or other work at our discretion. The Product must remain unmodified. We will not consider any claims for Products (or any components thereof) that are not in their original form. Failure to give us proper or timely notice of a claimed defect, or failure to return the defective Product, or performing any modification, self-help, or alteration of the Product, without our prior written approval, will constitute an absolute waiver and release of all your claims and rights under this Warranty.
Transferability. THIS WARRANTY IS NOT ASSIGNABLE OR TRANSFERABLE. THIS WARRANTY EXTENDS ONLY TO YOU, THE ORIGINAL PURCHASER PURCHASING A PRODUCT DIRECTLY FROM WARRANTOR’S FACILITIES, AND WILL NOT BE CONSTRUED TO EXTEND TO ANY THIRD-PARTY.
Limitations. THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULL EXTENT DISCLAIMER IS PERMITTED BY LAW. IN ANY EVENT, ANY IMPLIED WARRANTY THAT MAY ARISE BY LAW IS LIMITED IN DURATION TO THE TERM HEREIN AND TO THE COVERED PRODUCTS. THE REPAIR, REPLACEMENT, OR REFUND PROVIDED HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES. EXCEPT AS PROVIDED IN THIS WARRANTY, ALL PRODUCTS ARE BEING SOLD “AS IS” AND “WITH ALL FAULTS.” ALL RISKS AS TO PRODUCT QUALITY OR PERFORMANCE NOT CONTEMPLATED BY THIS WARRANTY WILL BE BORNE EXCLUSIVELY BY YOU, THE PURCHASER. IF A PRODUCT PROVES DEFECTIVE AFTER ITS PURCHASE, YOU, NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR THAT IS NOT COVERED UNDER THIS WARRANTY. IN NO EVENT WILL WE BE LIABLE FOR COSTS OF REMOVAL OR REINSTALLATION OF THE PRODUCTS, OR ANY EXPENSE RELATED TO REINSTALLATION. WE WILL HAVE NO LIABILITY TO ANYONE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION PROPERTY DAMAGE, LOST PROFITS, LABOR COSTS, OR ANY OTHER PECUNIARY DAMAGE, WHETHER DUE TO ANY DEFECT IN THE PRODUCTS, BREACH, DELAY, NON-DELIVERY, NON-PERFORMANCE, RECALL, OR ANY OTHER REASON. ALL CLAIMS FOR NEGLIGENCE AND FOR FAILURE OF ESSENTIAL PURPOSE ARE EXPRESSLY WAIVED AND RELEASED. UNDER NO CIRCUMSTANCES WILL OUR LIABILITY FOR ANY DEFECT IN THE GOODS, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER THEORY, EXCEED THE PURCHASE PRICE OF THE PRODUCTS. THERE ARE NO THIRD-PARTY BENEFICIARIES TO THE WARRANTY’S TERMS. YOU WAIVE ANY RIGHT TO A JURY TRIAL AND CLASS ACTION RELATING TO THIS WARRANTY, AND MAY NOT JOIN OR CONSOLIDATE CLAIMS AS A REPRESENTATIVE OF A CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THESE PROVISIONS PROVIDE SPECIFIC LEGAL RIGHTS AND LIMITATIONS. SOME MAY NOT APPLY BASED ON STATE OR FEDERAL LAW, AND OTHER LEGAL RIGHTS MAY EXIST.
Exclusions. This Warranty only covers the Products. Due to the intended use of our Products, any and all items and components not sold by us but attached to, incorporated into, or using our Products carry NO WARRANTY WHATSOEVER from us regardless of circumstance. We will not be liable for any defects, whether due to workmanship, materials or any other reason whatsoever, for those items and components not sold by us. This Warranty also does not cover customer instruction, installation and labor, parts supplied by others, abuse, misuse, neglect, improper installation or improper repair by anyone other than us, improper usage, overloading, accidents, unreasonable use, improper loading, improper operation, improper repair, improper maintenance, normal wear and tear, color fade, mold, mildew, corrosion, rust formation, modifications, or attempted repair by anyone other than a qualified repair facility. This Warranty does not cover chemical damage caused by acids, fuel, oil, or other chemicals. Use of our Products in or as part of a unit in a rental fleet, or for a commercial purpose, voids your rights under this Warranty.
Indemnity. You agree to defend, indemnify and hold us, as well as our officers, agents, employees, and representatives, harmless from and against all claims, causes of action, liabilities, losses, damages, judgments, and proceedings, whether based in contract, quasi-contract, subrogation, tort, strict liability, or any other legal or equitable theory, including without limitation all expenses, costs, damages or injury to person or property, and attorney fees incident thereto, arising from or relating to (i) your improper handling, storage or installation of our Products; (ii) your modification of the Products in any way after delivery; or (iii) your extension or attempt to extend, assign, transfer, or pass this Warranty through to anyone else. We reserve the right to choose our own counsel.
Statute of Limitations. Any action, lawsuit or other proceeding, under this Warranty or otherwise, related to the Product must be commenced within one (1) year after the earlier of (a) the expiration of the Warranty coverage period, (b) our alleged failure to repair the defect at issue; or (c) the date on which your claim accrues under applicable law. Unless prohibited by law, the performance of repairs will not prevent the limitations period from expiring, nor will any tolling or estoppel doctrine apply. This Warranty does not extend to future performance.
Applicable Law & Venue. This Warranty will be governed by and construed in accordance with the laws of the State of Indiana without regard to principles of conflicts of law. Any disagreement, dispute, controversy, or claim arising out of or relating to this Warranty must be submitted to binding arbitration in accordance with the Rules of the American Arbitration Association. Judgment upon the award may be entered in any court having jurisdiction thereof. In the event you bring any claim against us in violation of this Warranty or for claims waived or released under this Warranty, you agree to pay our attorney and paralegal fees and costs to defend such suit.
Modifications. We will not be liable for commitments, promises, or agreements made by any employee, agent, or dealer that is not in accordance with this Warranty. The current warranties and terms outlined on file in warranty department applicable on the date of purchase take precedence over any other warranties, whether oral or written. We reserve the right to alter our warranties from time to time, as the laws and our business needs and industry change. Any conditions or exceptions that may be stated in any communication or document to us from any entity or individual, including but not limited to the retail purchaser or consumer, shall be of no effect unless specifically agreed to in writing and hand-signed by our authorized representative.
Miscellaneous. Any legally or otherwise invalid provision hereof will be considered severable, with all remaining provisions enforceable. We have all rights and remedies given to sellers by applicable law, and our rights and remedies are cumulative and may be exercised from time to time. No waiver by us of any provision of this Warranty will be effective unless in writing, nor will it operate as a novation or waiver of any other provision or affect our right to exercise thereafter any right or remedy. We will not lose any right because we have not exercised that right in the past.
For questions and claims, contact Cass Hudson Co., Attn. Warranty Dept., 2300 Charlotte Ave, Elkhart, IN 46517. The telephone number to obtain the name and address of the service and repair facility nearest you is 1-574-970-2100. You may also email your claim to [email protected]. To process your claim, we will need the following information: Name of the purchaser, pictures of alleged defect, and description of alleged defect. If the defect cannot be demonstrated via picture, the returned item may be required in order to demonstrate defect. This will be at the discretion of the warranty department. Please include this information with any correspondence and have this information available when you call.