Dimple Bracket Limited Warranty Effective Date: 3-20-2020
This Limited Warranty applies to all Dimple Bracket, LLC (“Dimple Bracket”) products ("Products") purchased after the Effective Date while this Limited Warranty remains in effect. For purchases after the Effective Date, please consult www.dimplebracket.com, as this Limited Warranty may be updated by Dimple Bracket from time to time. All future purchases of Products are subject to the terms of the Limited Warranty in effect as of the purchase date.
This Limited Warranty must be read in conjunction with all information and specifications published by Dimple Bracket or available on the www.dimplebracket.com website ("Website") or on the product package, label or product manual. All of this information is referred to collectively as the "Dimple Bracket Documentation." All applicable Dimple Bracket Documentation must be carefully reviewed each time any Product is used. All Products must be used in compliance with all applicable local, state and federal codes, laws, rules and regulations, including the Occupational Safety and Health Act.
Dimple Bracket warrants, to the original purchaser only, that each Product will be free from substantial defects in material and manufacturing for one year after purchase if properly specified, installed, and maintained, and when used in accordance with the Dimple Bracket Documentation. This Limited Warranty is void and does not apply to any (a) Product purchased from an unauthorized dealer, retailer or distributor, (b) Product deterioration or damage due to environmental conditions or inadequate or improper handling, transportation, storage or maintenance, (c) cosmetic defects, including discoloration, (d) failure or damage caused by improper installation, (e) normal wear and tear, (f) failure or damage caused by the use of a Product with any fasteners not approved by Dimple Bracket, (g) Product that was subjected to negligence or excessive or improper use, including any use not in accordance with the Dimple Bracket Documentation, (h) failure or damage caused by any third-party products, building materials or components, (i) failure or damage caused by use of a Product in a structure that has a design or other defect or that does not comply with all applicable building codes, laws, rules and regulations, (j) modified Product, or any nonstandard use or application of a Product, (k) failure or damage caused by exposure to chemicals or other hazardous substances, a corrosive environment or materials, (l) failure or damage caused by an act of God, including any hurricane, earthquake, tornado, lightning, ice, snow, high wind, flood or other severe weather or natural phenomena, or (m) failure or damage caused by the gross negligence, willful misconduct, or other acts or omissions of the installer or any third party.
Product demonstrations, training, technical and customer support and other services provided by Dimple Bracket are based on Dimple Bracket's present knowledge and experience, are conducted for illustrative or instructive purposes only, do not constitute a warranty of Product capabilities, specifications or installation and do not modify this Limited Warranty. Any services provided by Dimple Bracket are provided without any representation or warranty of any kind, and Dimple Bracket assumes no liability for any representations or statements made as part of such Product demonstrations, training or other services. In the event of any inconsistency between any information provided during any such demonstration or service, and the information in any applicable Dimple Bracket Documentation, the information in the Dimple Bracket Documentation shall govern. In the event of any inconsistency between any information provided on the Website, and the information in any other Dimple Bracket Documentation, the information on the Website shall govern.
ALL WARRANTY OBLIGATIONS OF DIMPLE BRACKET SHALL BE LIMITED TO PROVIDING A REPLACEMENT FOR THE DEFECTIVE PRODUCT. THIS REMEDY CONSTITUTES DIMPLE BRACKET'S SOLE OBLIGATION AND LIABILITY AND THE SOLE AND EXCLUSIVE REMEDY OF PURCHASER AND, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXCLUDES ANY LABOR OR OTHER COSTS INCURRED IN CONNECTION WITH A WARRANTY CLAIM. PURCHASER ASSUMES ALL RISK AND LIABILITY ASSOCIATED WITH ANY USE OF THE PRODUCT, INCLUDING BUT NOT LIMITED TO SUITABILITY FOR ITS INTENDED USE.
THE LIMITED WARRANTY HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, AND, WHERE LAWFUL, DIMPLE BRACKET DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USAGE. IN NO EVENT WILL DIMPLE BRACKET BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OR DIRECT OR INDIRECT LOSS OF ANY KIND, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, DEATH OR PERSONAL INJURY. DIMPLE BRACKET'S ENTIRE LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE DEFECTIVE PRODUCT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
To obtain warranty service, go to www.dimplebracket.com. Upon request by Dimple Bracket, you must provide Dimple Bracket with: (a) proof of purchase and written records evidencing, in reasonable detail, the date and manner of installation of the Product, (b) a reasonable opportunity to inspect the site where the Product was installed, and (c) samples of the Product from the actual installation in sufficient quantities in order for Dimple Bracket to perform testing to determine whether or not the Product failed as set forth herein. Dimple Bracket may, in its absolute discretion, request that you return the allegedly defective Products to Dimple Bracket, in which case Dimple Bracket will issue a Return Materials Authorization (RMA), which must be completed and returned to Dimple Bracket with the Product. Dimple Bracket is not responsible for any costs or expenses incurred in connection with any inspection (other than by Dimple Bracket employees) or in connection with the return of Products to Dimple Bracket, but Dimple Bracket shall bear all costs and expenses incurred in connection with the shipment of replacement Products in the event that Dimple Bracket determines that the Product should be replaced in accordance with this Limited Warranty. If Dimple Bracket elects to repair or replace the Product, Dimple Bracket shall have a reasonable time to do so.
No one is authorized to change or add to this Limited Warranty. If at any time Dimple Bracket does not enforce any of the terms, conditions or limitations stated in this Limited Warranty, Dimple Bracket shall not have waived the benefit of said term, condition or limitation and can enforce it at any time. This Limited Warranty is extended only to the original purchaser and is not transferrable. It is not intended nor shall it be construed to create rights in any third party.