WARNINGS, LIMITATIONS AND DISCLAIMERS
PURCHASE OF PRODUCT IS NON-REFUNDABLE:
The purchase of a Storm Armour product is non-refundable unless returned to the retailer unopened in its original packaging within 14 days of purchase along with the original purchase receipt showing proof of purchase. Once you have opened the package or more than 14 days have passed since you purchased the package, the product is non-refundable.
WARNING- FAILURE TO PROPERLY INSTALL THE PRODUCT
Failure to follow the instructions for proper set up, use, and care for of the product can increase the risk of serious personal injury, death, or property damage. The product is designed for use during severe weather conditions including but not limited to high winds, hurricanes and tropical storms. The failure to properly install and secure the Product as instructed could result in the Product detaching from the sliding glass doors and acting as a projectile striking people or property which could lead to death, serious bodily injury or severe property damage. If you elect to use and install this Product you do so at your own risk and Storm Armour shall not be responsible for any damages or injuries resulting from failure of the Product to be properly secured to the sliding glass door.
Storm Shield of Miami Inc. (“Storm Shield”) warrants that the Storm Armour Product will be free from defects in workmanship and materials for a period of two (2) years from the date of purchase under proper use conditions.
This warranty does not extend to repairs, adjustments, or replacement of a Storm Shield product or part that results from misuse, negligence, alteration, modification, tampering, improper installation and/or maintenance of the product or operating conditions other than that for which it was designed. If you believe the product is defective, contact Storm Shield at firstname.lastname@example.org.
If Storm Shield determines that the product is defective, Storm Shield’s obligation is limited to refunding the purchase price upon the return of the product. This is the sole and exclusive warranty extended by Storm Shield. There are no other warranties, expressed or implied, including warranties of merchantability and warranties of fitness for a particular purpose. Storm Shield will not be liable to a distributor or to any other party in strict liability, tort, contract, or any other manner for any damages caused or claimed to be caused because of any design of or defect in Storm Shield’s products, or for any special, incidental, or consequential damages of any nature. Storm Shield’s maximum liability to the end-user or Distributor shall be the purchase price of the product.
THE STORM ARMOUR PRODUCT MUST BE REPLACED EVERY FIVE (5) YEARS.
DISPUTE RESOLUTION: To the extent permitted by applicable law, Storm Shield and you agree that all disputes and claims arising out of or relating to this warranty (“Dispute”) shall be resolved exclusively and solely in either Federal or State Court located in Miami-Dade County, Florida. A party who intends to file a claim must first send to the other, by certified mail, a written notice of intent to file (“Notice”). The Notice to Storm Shield should be addressed to: 301 West 41st Street, Suite 300, Miami Beach, Florida 33140 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If the parties do not reach an agreement to resolve the claim within 30 days after Notice is received, you or Storm Shield may commence an action against the other party. .
YOU AND STORM SHIELD HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY.
YOU AND STORM SHIELD MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, you agree that the Court may not consolidate proceedings of more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
GOVERNING LAW AND FORUM This warranty and all Disputes are governed by United States Federal laws and laws of Florida.
SAVINGS AND SEVERABILITY To the extent that this warranty is inconsistent with applicable law, this warranty is hereby modified to be consistent with such applicable law. If a court determines that any term in this warranty is illegal or unenforceable, the parties intend for the court to interpret or modify this warranty to the effect of the original intent of the parties as closely as possible while rendering the term and this warranty fully legal and enforceable. If a term in this warranty cannot be rendered legal and enforceable accordingly, the parties intend for the court to sever the illegal or unenforceable term from this warranty, leaving the remainder of this warranty enforceable.
LIMITATIONS NO DISPUTE MAY BE BROUGHT LATER THAN 1 YEAR AFTER ANY CAUSE OF ACTION HAS ACCRUED, AFTER WHICH ALL DISPUTES ARE FOREVER BARRED. THIS WARRANTY IS YOUR EXCLUSIVE WARRANTY FROM STORM SHIELD AND REPRESENTS THE SOLE REMEDY TO ANY OWNER OF STORM SHIELD’S PRODUCTS. STORM SHIELD MAKES NO OTHER REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND OTHER THAN THOSE STATED EXPLICITLY IN THIS WARRANTY.
DAMAGES: STORM SHIELD IS NOT RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES OF ANY KIND, INCLUDING DAMAGE TO YOUR PREMISES, STRUCTURAL INTEGRITY OR TO YOUR PREMISES’ CONTENTS, WHETHER FOR BREACH OF THIS WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER CLAIMS DERIVED IN TORT OR FOR ANY OTHER CAUSE. REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, THE AGGREGATE LIABIITY TO STORM SHIELD SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
NO MODIFICATIONS TO THIS WARRANTY The terms of this warranty may not be waived or modified (whether by a statement, omission, course of dealing, or any act), except in writing signed by an officer of Storm Shield. Other than such an officer, nobody (regardless of whether a Storm Shield employee, a contractor, an installer, or otherwise) has authority to act on behalf of Storm Shield (for example, to waive or modify this warranty, to make representations or warranties, or to undertake any liability). This warranty represents the entire agreement between the parties and replaces all other communications, warranties, representations, and guarantees.
No Other Warranties or Representations
ALL WARRANTIES ARE LIMITED TO THE APPLICABLE STATUTE OF LIMITATIONS, BUT IN NO CASE WILL EXTEND BEYOND THE LIMITED WARRANTY PERIODS SPECIFIED ABOVE.
This Limited Warranty is only applicable in the U.S.A. (i.e., the fifty states and the District of Columbia). This Limited Warranty gives you specific legal rights, and you may have other rights which vary from state to state or province. Some states do not allow the exclusion or limitation of incidental or consequential damages or limitation of the duration of an implied warranty, so the above limitations or exclusions may not apply to you. If any specific term of this Limited Warranty is prohibited by any applicable law, it shall be null and void, but the remainder of this Limited Warranty shall remain in full force and effect.
What Is Not Covered by This Limited Warranty Specific Additional Exclusions
In addition to any other limitations or exclusions in this Limited Warranty, Storm Shield of Miami shall have no obligation for product failure, damage, or costs due to or related to the following: • Product modifications • Failure due to the application of non-Storm Shield of Miami hardware (e.g., third party tape, hinges, etc.) • Products not manufactured by Storm Shield of Miami Inc. •Water infiltration other than as a result of a defect in manufacturing, materials, or workmanship • Failure as a result of settling or structural failure of the structure in which the products are installed • faulty installation of or quality of the sliding glass door • water penetration from other units in apartment buildings or multi-family units• existing cracks or dips in surrounding walls • Water penetration resulting from flooding • Improper installation • Improper maintenance, including failure to properly store the product • Chemicals or airborne pollutants, such as salt or acid rain • Accidents • Acts of God • Normal wear and tear
Warranty Claim Procedure
To make a claim under this Limited Warranty, contact Storm Shield of Miami, Inc. at email@example.com, or visit our website at stormarmour.com. You can help us serve you faster by providing the following important information: • The serial number of the affected product (located on a label affixed to the top or side of the original packaging) • Description of the product concerns • Documentation of the purchase date • Your name, address (with zip code) where product is installed, and telephone numbers.