1. What SPL Warrants. Supreme Playland (hereinafter referred to
as " SPL") manufactures quality swingsets (hereinafter referred to as
"products"). SPL vinyl products are manufactured with quality raw
materials and state-of-the-art manufacturing processes to provide you
with years of low maintenance. Subject to the terms of this Warranty,
SPL proudly warrants that its vinyl swingsets are free from defects in
material and manufacturing workmanship. Further, when properly
installed in accordance with SPL´s written installation instructions
and in the course of normal and proper use, SPL warrants (subject to
the terms of this warranty) that its products will not peel, rot,
blister, rust, flake, corrode or be consumed by insects.
2.
SPL´s Obligations and Limitations on the Warranty. If any defect
or degradation as described above is discovered, SPL, at its sole
option, will repair, replace or refund the purchase price of the
defective material, except where damage is caused by improper
installation or conditions as detailed in Section C. SPL´s obligation
under this Warranty will in no event exceed the purchase price of the
originally installed products found to be defective and if applicable,
the cost of the labor involved in the original installation of such
defective products. Unless the original owner of the property where
the product is originally installed returns the Warranty Registration
Card (as provided in Section B below), SPL´s coverage under this
Warranty: (a) does not include any labor to remedy the covered defect;
and (b) remains in effect only for the lifetime of the original owner
of the property where the product is originally installed or until the
sale of the property where the product is originally installed (and
may not be transferred to any subsequent owner), whichever event
occurs first.
3. How Commercial Use Affects the Limited Warranty. If the
products covered by this Warranty are purchased by, used by or
installed upon property owned by corporations, partnerships,
governmental agencies, trusts, organizations, condominiums,
cooperative housing arrangements or entities essentially commercial in
nature, then SPL limits this Warranty to 10 years.
B. Registration of this Warranty and Transferability
Completing the Warranty Registration Card. The attached Warranty
Registration Card must be completed, signed by the original owner of
the property where the product is originally installed along with a
copy of the original invoice, and received by SPL within 20 days after
purchase in order for: (a) labor to be provided under this Warranty;
and (b) the original owner to transfer the Warranty to the first
subsequent purchaser (as provided in Section B.2 below) If SPL has not
received the original owner´s Warranty; mildew, exposure to harmful
chemicals of metal oxides, acid rain and surface discoloration due to
atmospheric pollution (including but not limited to the vapors of acid
rain); or other cause beyond our control.
C. Conditions Not Covered by this Warranty
This Warranty covers defects in material and/or manufacturing in the
product(s) as it is originally installed. It does not cover product(s)
moved or modified after the original installation. It does not cover
failure of or damage to such products resulting from: faulty or
improper installation; settlement or failure of any structure on which
the product(s) is installed; settlement or soil movement; structural
movement or shrinkage; accidental damage or misuse; impact of foreign
objects; painting, varnishing or coating the product(s); vandalism or
other intentional or negligent acts of damage; fire, wind, flood,
hail, lightning or other acts of God; improper care or failure to
provide reasonable and necessary repair of the product; normal and
expected weathering of the surface*, chalking, mold, or mildew;
exposure to harmful chemicals of metal oxides, acid rain and surface
discoloration due to atmospheric pollution (including but not limited
to the vapors of acid rain); or other cause beyond our control.
*NOTE:
Normal weathering is defined as exposure to ultraviolet light and
extremes of weather and atmosphere which will cause any colored
surface to experience changes including but not limited to chalking,
fading, or accumulating dirt or stains. Degrees of weathering vary
depending on geographical location, air pollution, and other factors.
Weathering and color-hold standards are established in ASTM
Specifications F964-02.
D. Contacting SPL with a Warranty Claim
If you feel that your SPL vinyl products are not free from
manufacturing defects or degradation as described in Section A, you
must notify SPL in writing within thirty (30) days following the
discovery of the damage or alleged defect.
Warranty Service --- Supreme Playland ---
Briefly state the nature of your complaint and submit: (1) proof of
purchase with date; (2) pictures of defect; (3) samples; and (4) proof
of property ownership.
E. How to Make a Claim Under this Limited
Warranty
IMPORTANT: ALL claims under this Warranty must be made in writing to
SPL with in thirty (30) days of the date that the defect is first
discovered or reasonably could have been discovered.
SPL must have reasonable opportunity to inspect the product in
question before repairs are begun. Any repair of the products or
discarding of the products in question without prior written
authorization from SPL will void this Warranty. If SPL determines the
product is defective, then SPL will repair, replace, or refund, at its
sole option, the defective part or portion in accordance with the
terms and conditions contained in this Warranty.
This Warranty covers only products manufactured by SPL. It is the
property owner´s responsibility to verify that the products installed
are genuine SPL products. SPL reserves the right to discontinue or
modify its products without notice. Furthermore, SPL shall not be held
liable for changes to its products or its offerings, nor shall SPL be
liable for differences in color or gloss of replacement material in
comparison to the original product according to the standards
established for weathering. In the event that a claim is made for a
discontinued or modified product, SPL will, at its sole option, supply
vinyl material of equivalent quality and value or refund the original
purchase price of the defective product(s)
If SPL repairs or replaces product(s) under this Warranty, the
Warranty shall apply to the repaired or replaced product(s) in the
same manner as it applies to the product(s) initially installed by the
original owner.
This Warranty replaces all other oral or written warranties,
liabilities or obligations of SPL. SPL makes no express warranties
except as herein stated and shall not be liable for any incidental,
special or consequential damages with respect to its products covered
by this Warranty, the extent of its liability and the owner’s
exclusive remedy being limited to repair, replacement, or refund, at
SPL’s sole option, as set forth herein. Some states do not allow
limitations on or the exclusion of incidental or consequential
damages, so the above exclusions may not apply to you.
To the
extent permitted by applicable law, any implied warranties shall be
limited to the period covered by this Warranty or the period of time
the original owner may seek a remedy for implied warranties under
state law, whichever event occurs first. Some states do not allow
limitations on how long an implied warranty lasts, so the above
limitation may not apply to you. SPL is not responsible for a breach
of any other written or oral Warranties given to the owner by dealers,
contractors, installers, fabricators, or distributors.
F. How Provincial Law Applies
This warranty gives you specific legal rights, and you may also have
other rights which vary from province to province.
