WAG’N TAILS® MOBILE CONVERSIONS, LLC FIVE-YEAR LIMITED WARRANTY
FIVE-YEAR LIMITED WARRANTY STATEMENT
THIS FIVE-YEAR LIMITED WARRANTY (THE “LIMITED WARRANTY”) GIVES YOU SPECIFIC LEGAL RIGHTS. ACCORDINGLY, IT IS IMPORTANT THAT YOU READ IT CAREFULLY. THIS LIMITED WARRANTY MAY ALSO BE VIEWED ONLINE AT www.wagntails.com/warrantyinfo.
SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THIS LIMITED WARRANTY, WAG’N TAILS® MOBILE CONVERSIONS, LLC (“WAG’N TAILS®”) WARRANTS TO THE ORIGINAL PURCHASER (THE “WARRANTEE”) OF ANY UPFIT PURCHASED DIRECTLY FROM WAG’N TAILS® THAT SUCH UPFIT WILL BE FREE FROM MATERIAL DEFECTS IN WORKMANSHIP ATTRIBUTABLE TO WAG’N TAILS® FOR THE DURATION OF THE WARRANTY PERIOD (AS DEFINED IN SECTION 4 BELOW).
AS FURTHER EXPLAINED BELOW, WAG’N TAILS’® RESPONSIBILITY FOR MATERIAL DEFECTS IN WORKMANSHIP IS LIMITED, IN WAG’N TAILS’® SOLE DISCRETION, TO EITHER: (A) REPAIRING OR REPLACING THE UPFIT (OR SUCH PART OF IT THAT IS DEFECTIVE) FREE OF CHARGE, OR (B) PURCHASING THE UPFIT AND THE VEHICLE UPON WHICH IT HAS BEEN PLACED, ATTACHED, OR AFFIXED (COLLECTIVELY, THE “UPFITTED VEHICLE”) FROM THE WARRANTEE, FREE AND CLEAR OF ANY LIENS OR ENCUMBRANCES, FOR AN AMOUNT EQUAL TO THE TOTAL PURCHASE PRICE PAID BY THE WARRANTEE FOR THE PURCHASE OF THE UPFITTED VEHICLE.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS LIMITED WARRANTY, WAG’N TAILS® MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE UPFIT OR THE UPFITTED VEHICLE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, ALL OF WHICH ARE HEREBY EXPRESSLY NEGATED AND DISCLAIMED. BY PURCHASING THE UPFIT AND ACCEPTING THIS LIMITED WARRANTY, THE WARRANTEE ACKNOWLEDGES AND AGREES THAT THEY HAVE NOT RELIED UPON ANY REPRESENTATIONS OR WARRANTIES MADE BY WAG’N TAILS®, OR ANY OTHER PERSON OR ENTITY ON BEHALF OF WAG’N TAILS®, EXCEPT AS EXPRESSLY STATED IN THIS LIMITED WARRANTY.
SECTION 1. Who May Use or Submit a Claim under this Limited Warranty
Wag’n Tails®, located at 12633 Heather Park Drive, Granger, Indiana 46530, extends this Limited Warranty only, and exclusively, to the Warrantee. Accordingly, this Limited Warranty does not extend to, and may not be transferred or assigned to, any subsequent owner, purchaser, or other transferee of the Upfit.
SECTION 2. What this Warranty Covers
This Limited Warranty warrants that, during the Warranty Period (as defined in Section 4 below), the Upfit will be free from material defects in workmanship attributable to Wag’n Tails®. For purposes of this Limited Warranty, the phrase “material defects in workmanship” shall mean, and only include, material departures from the intended quality of workmanship attributable to Wag’n Tails®.
SECTION 3. Warranty Exclusions
This Limited Warranty does not cover any damage due to, arising from, occurring during, or caused in whole or in part by: (a) transportation or shipment of the Upfit; (b) storage of the Upfit; (c) improper use of the Upfit; (d) failure to follow any instructions applicable to the Upfit; (e) failure to perform any maintenance as and when appropriate or required; (f) any modification or alteration of, or attachments to, the Upfit; (g) any unauthorized service or repair of the Upfit; (h) normal wear and tear; (i) any external causes, such as accidents, abuse, misuse, neglect, theft, vandalism, incorrect line voltage, the condition of any road surface over which the Upfit is driven or transported, driving over or striking any potholes, curbs, or other objects, or any other actions, events, or conditions beyond the reasonable control of Wag’n Tails®; (j) exposure to natural or atmospheric elements, adverse or inclement weather conditions, freezing temperatures, corrosive materials, ash, soot, or smoke, fumes generated or released by automotive engines or other sources, or rotting, corrosion, deterioration, or decay of wood or other materials due to the presence of water, liquids, or other substances; (k) any overloading or improper balancing of the load;
- any acts, omissions, negligence, or misconduct of any kind by any person or entity other than Wag’n Tails®; or (m) any acts of God or force majeure events.Further, this Limited Warranty does not cover any of the following: (a) any aspect of the vehicle upon which the Upfit has been placed, attached, or affixed, including, without limitation, the automotive chassis, engine, transmission, mechanical parts, component parts, electrical system components, powertrain, drive train, water hoses, dryer hoses, vacuum hoses, tires, tubes, wheels or wheel balance, brakes and brake systems, and batteries; (b) any generators, power inverter systems, advanced AGM batteries or other batteries, bus bodies, trailer shells, smart tables, sub flooring, floor coverings, custom graphics, air conditioner systems, dryer systems, water pumps, furnace or water heaters, vent fans, vacuum systems, bathing systems, water tanks, converters or chargers, refrigerators, freezers, microwave ovens, DVD players, televisions, back up cameras, LED lighting, liquid propane systems, tank valves, or shop vacuum systems; (c) any equipment, products, components, accessories, parts, goods, or materials not manufactured by Wag’n Tails®, whether or not warranted by their manufacturer or supplier; (d) any equipment, products, components, accessories, parts, goods, materials, or workmanship not furnished by or attributable to Wag’n Tails®; (e) any upholstery damage, such as tears, punctures, or misuse; or (f) any routine maintenance, including, without limitation, caulking, re-caulking, and waxing the body of the vehicle, tightening screws, adjusting doors, adjusting or replacing brakes, adjusting or replacing tires or tubes, maintaining the air conditioning or heating systems, maintaining the hot water heater system (including, without limitation, replacing the anode rod), or repairing or replacing any batteries.In addition, this Limited Warranty shall only be effective while the Upfit is located within the contiguous United States of America, and Wag’n Tails® shall have no obligations whatsoever under this Limited Warranty during any times that the Upfit is removed from, or otherwise located outside, the contiguous United States of America.
SECTION 4. Warranty Period
This Limited Warranty shall begin on the date that the Upfit is delivered to the Warrantee and shall continue in effect for a period of FIVE YEARS from the date of such delivery (the “Warranty Period”).
As provided in Wag’n Tails’® Terms and Conditions Applicable to All Sales Orders, the Upfit shall be deemed to have been delivered to the Warrantee upon (a) Warrantee’s receipt of the Upfit at Wag’n Tails’® facility, or (b) Wag’n Tails’® tender of the Upfit to Warrantee’s designated shipping carrier, at Wag’n Tails’® facility, for shipment to the Warrantee. The Warranty Period shall not be extended under any circumstances, including, without limitation, if Wag’n Tails® repairs or replaces the Upfit. Wag’n Tails® may change the availability of this Limited Warranty at its discretion, but any changes will not be retroactive.
SECTION 5. Exclusive Remedies Under this Warranty
With respect to any material defects in workmanship during the Warranty Period, Wag’n Tails® will, in its sole discretion, either: (a) repair or replace the Upfit (or such part of it that is defective) free of charge, or (b) purchase the Upfitted Vehicle from the Warrantee, free and clear of any liens or encumbrances, for an amount equal to the total purchase price paid by the Warrantee for the purchase of the Upfitted Vehicle. Wag’n Tails® will also pay for shipping and handling fees to return the repaired or replaced Upfit to the Warrantee if Wag’n Tails® elects to repair or replace the defective Upfit.
SECTION 6. Submitting Warranty Claims and Obtaining Warranty Service
To obtain warranty service, the Warrantee must timely submit a properly completed and signed Warranty Claim Form (the “Claim Form”) to Wag’n Tails® via (a) mail or delivery to Wag’n Tails Mobile Conversions, LLC, 12633 Heather Park Dr., Granger, IN 46530; (b) email to customerservice@wagntails.com; or (c) fax to (574) 243-9833. The Claim Form is attached to this Limited Warranty and is also available here: Wag’n Tails Warranty Claim Form
The Claim Form must be delivered to Wag’n Tails® within 30 days of the date upon which the Warrantee first knew, or through the exercise of reasonable diligence should have known, of the alleged defect in workmanship, or within five business days after the expiration of the Warranty Period, whichever is earlier (the “Warranty Claim Period”). In the event that a Claim Form is not timely delivered to Wag’n Tails® within the Warranty Claim Period, as required above, any warranty claim for such alleged defect shall be time-barred. In addition, under no circumstances will any Claim Forms be accepted beyond five days after the expiration of the Warranty Period.
PRIOR TO DELIVERING THE UPFIT TO WAG’N TAILS® OR ANY OTHER FACILITY FOR WARRANTY SERVICE UNDER THIS LIMITED WARRANTY, THE WARRANTEE SHALL OBTAIN PRIOR WRITTEN AUTHORIZATION FROM WAG’N TAILS®. THEN, WITHIN THIRTY (30) DAYS AFTER RECEIVING SUCH WRITTEN AUTHORIZATION FROM WAG’N TAILS®, THE WARRANTEE SHALL, AT THE WARRANTEE’S SOLE COST AND EXPENSE, DELIVER THE UPFIT TO THE LOCATION SPECIFIED IN WAG’N TAILS’® WRITTEN AUTHORIZATION FOR INSPECTION AND DIAGNOSTICS. IF SUCH INSPECTION AND DIAGNOSTICS REVEAL THAT THE ALLEGED DEFECT IS NOT COVERED UNDER THIS LIMITED WARRANTY, WAG’N TAILS® SHALL HAVE NO RESPONSIBILITY, NOR OWE ANY DUTIES OR OBLIGATIONS, UNDER THIS LIMITED
WARRANTY. However, if the inspection and diagnostics reveal that the alleged defect is covered under this Limited Warranty, Wag’n Tails® will, in its sole discretion, either: (a) repair or replace the Upfit (or such part of it that is defective) free of charge, or (b) purchase the Upfitted Vehicle from the Warrantee, free and clear of any liens or encumbrances, for an amount equal to the total purchase price paid by the Warrantee for the purchase of the Upfitted Vehicle, as provided in Section 5 above.
SECTION 7. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES
THE REMEDIES DESCRIBED ABOVE ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO THE WARRANTEE UNDER THIS LIMITED WARRANTY, AS WELL AS THE MAXIMUM AND ENTIRE LIABILITY OF WAG’N TAILS® FOR ANY BREACH OF THIS LIMITED WARRANTY. WAG’N TAILS’® LIABILITY SHALL, UNDER NO CIRCUMSTANCES, EXCEED THE ACTUAL AMOUNT PAID BY THE WARRANTEE FOR THE PURCHASE OF THE UPFITTED VEHICLE, NOR SHALL WAG’N TAILS®, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, SPECIAL DAMAGES, PUNITIVE DAMAGES, OR OTHER LOSSES OR DAMAGES OF ANY KIND OR NATURE, WHETHER DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY COSTS OR EXPENSES FOR TRANSPORTATION, FUEL, FOOD, LODGING, TELEPHONE CALLS, TOWING CHARGES, BUS OR TAXI FARES, AIRFARE, CAR RENTAL CHARGES, ON-SITE SERVICE CALLS, LOST PROFITS, LOST OPPORTUNITIES, LOST TIME, BUSINESS INTERRUPTION, INCONVENIENCE, OR LOSS OF USE OR COMMERCIAL USE OF THE UPFIT.
SECTION 8. Dispute Resolution
If the Warrantee believes that Wag’n Tails® has not performed its obligations under this Limited Warranty, the Warrantee and Wag’n Tails® shall attempt in good faith to informally resolve the dispute solely between themselves. If, however, they are unable to resolve the dispute informally between themselves, the Warrantee and Wag’n Tails® shall then engage in good faith mediation as a condition precedent to the filing or commencement of any lawsuit.
A request for mediation shall be made in writing and delivered by the Warrantee to Wag’n Tails®, in which event the Warrantee and Wag’n Tails® shall engage in mediation with a mutually-agreeable mediator, and at a mutually-agreeable time and location, within 60 days after the date of Wag’n Tails’® receipt of the written request for mediation. The parties shall share the mediator’s fee equally, and the mediation shall be held in the County of St. Joseph, State of Indiana, unless another location is mutually agreed upon by the parties. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
A written request for mediation may also be made concurrently with the filing of a lawsuit, but in such event, the mediation shall proceed in advance of any litigation, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.
SECTION 9. Limitations Period for Commencement of Actions to Enforce Limited Warranty
Any action to enforce this Limited Warranty shall be commenced no later than one (1) year after the date upon which the Warrantee delivered its corresponding Claim Form to Wag’n Tails®, as required under Section 6 above, or such warranty claim shall be time-barred.
SECTION 10. Governing law; Exclusive Venue
This Limited Warranty shall be governed by, and construed in accordance with, the laws of the State of Indiana, without regard to its conflicts or choice of laws principles. The exclusive venue for any dispute or litigation relating to or arising from this Limited Warranty shall be the state courts located in the County of St. Joseph, State of Indiana, or the United States District Court for the Northern District of Indiana, South Bend Division.