This 10-Year All-Weather Limited Warranty (the “All-WeatherWarranty”) provides additional warranty coverage to the original purchaser on the items listed in Section E1 of the 10-Year Limited Manufacturer’s Warranty,which is included in the Platinum Awnings by SunSetter owner’s manual (the “Manufacturer’s Warranty”). Under this All-Weather Warranty, except as specifically set forth herein, SunSetter Products will repair or replace any damaged parts of the products covered by this All-Weather Warranty, even if the damages occurred due to weather conditions, or any other reason, according to the Warranty period and the payment terms (if applicable) set forth in Section E1 of the Manufacturer’s Warranty for each covered part. Accessories, defined as accessories attached to the awning, will be covered by this All-Weather Warranty only if the purchaser has purchased the Accessories All-Weather Limited Warranty coverage. Any failure of the parts or damage to any of them, which results from any intentional actions, vandalism, improper use, by the purchaser or by any other person, is not covered under this Warranty. Any damage to any structure to which the awning is installed or attached to, or to property or items located above, below or near the awning, is not covered under thi sWarranty. THE TERMS AND CONDITIONS SET FORTH IN SECTIONS B,D (OTHER THAN D2), F1, F4, F5, F7, F8, F9 AND G OF THE MANUFACTURER’S WARRANTY, WHICH ARE INCORPORATED HEREIN BY REFERENCE, APPLY IN FULL TO THIS ALL-WEATHER WARRANTY. We recommend that the product be installed, maintained, operated, used, and stored in accordance with the instructions contained in the owner’s manual and the purchaser must not leave the product open in high winds or let water pool on the fabric.
THE WARRANTY GRANTED HEREIN IS THE EXCLUSIVE REMEDY FOR THE PURCHASER. SUNSETTER PRODUCTS MAKES NO OTHER WARRANTIES TO THE PURCHASER, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATIONS, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. TO THE EXTENT PERMITTED BY LAW, SUNSETTER PRODUCTS SHALL HAVE NO LIABILITY TO THE PURCHASER OR ANY OTHER PERSON FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER ARISING OUT OF BREACH OF WARRANTY OR OTHER BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE, EVEN IF SUNSETTER PRODUCTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH POTENTIAL LOSS OR DAMAGE. IN NO EVENT SHALL SUNSETTER PRODUCTS BE LIABLE FOR LOSS OF PROFITS AND/OR WAGES.