Residential Warranty
a) The Seller warrants that at the time of delivery the Products will be free from flaws and will meet the specifications indicated by the Seller, provided the Products are used by the Buyer for purposes conforming with those for which the Product typology in question is normally used. In the event that the Seller has not notified any particular specification with regard to a given product, same, at the time of delivery, will be understood to meet the ordinary market quality standards for similar industrial products. Subject to the provisions of Article 7 (B) and, in the event that a Product fails to comply with the warranty as above, the Seller will be entitled, at his own discretion:
1) to replace the Products or parts of them that fail to comply, or
2) to alter the Products so that they comply with the specifications indicated by the Seller or (as the case may be) with market quality standards for similar products, or
3) to withdraw the Products that do not comply and refund in full their sale price.
b) The warranty referred to above will apply subject to the following conditions: 1) that the Buyer has complied with the provisions of Article 9 below, to the extent that they are applicable; 2) that the Buyer has informed the Seller in writing of the defects and documented them by means of photographs on traditional or digital media, within (i) 14 (fourteen) days from delivery of the Products in the event of easily recognizable flaws and within (i) 14 (fourteen) days from the discovery of any hidden flaws. The Buyer’s right to take action will be time-barred in any case 2 (two) years after delivery of the Products; 3) that the Buyer grants the Seller the opportunity to inspect the Products, according to a reasonable procedure, and 4) that the Buyer has ceased to use the Products that fail to comply starting from the time of discovery of the flaws claimed by the Buyer.
c) Subject to the provisions of Article 7 (A) above, and without prejudice for any mandatory provisions of law: 1) any other explicit or implicit warranty with regard to the quality, the saleability or the suitability of the Products for specific purpose is expressly excluded; and 2) the Seller will not be held liable for any losses or damage incurred by the Buyer due to ᴀaws or to the lack of functioning of the product not covered by this warranty.
d) The Seller will do whatever is reasonably possible to provide the Buyer with any instructions, recommendations and advice for preserving and using the Products and its conditions of use. It is understood that the Buyer will be responsible for ensuring that the Products are used in accordance with the specifications and instructions for use.
e) EMU Group S.p.A. shall not be held liable for any defect or damage caused to its own products and arising from an improper use and/or employment thereof.
f) EMU Group S.p.A. reserves the right to modify any technical-construction feature of its products, according to the technological evolution of the production systems and of the reference legal requirements, if any.
Commercial Limited Warranty
emuamericas, llc warrants its Contract products to be free from manufacturing defects in materials or workmanship when used, maintained and stored under normal commercial use. This warranty applies to the original buyer from the date of purchase. The warranty period for most chairs and tables is 3 years. All compact laminate, high pressure laminate, molded laminate table tops and Advanced Collection items are warranted for a period of 2 years. All folding items, teak table tops, shade products and cushions are warranted for a period of 1 year. All other emuamericas chairs, tables and table tops are warranted for a period of 3 years. This warranty is limited to the repair or replacement of those products or parts of products, which emuamericas, llc finds and accepts as defectively manufactured during the warranty period, at no cost to the original owner. Replacement products or parts of products are warranted only for the remainder of the duration of the original warranty. In the event that the exact model of the defective product is unavailable, emuamericas, llc will replace with a comparable product.
emuamericas, llc will, at its option, (i) repair or replace defective products determined by emuamericas, llc to have been defective during the applicable warranty period, or (ii) refund the purchase price of such defective products in the event repair and replacement are not commercially practical or timely, or the original owner is willing to accept such refund: provided, however, that any such refund shall be an amount equal to the purchase price paid by the original owner for such defective products less depreciation, for example, at a rate of 33 1/3 percent per year for products warranted for three (3) years.
All warranty claims must be made by the original owner in writing and must be made within thirty (30) days after the expiration of the applicable warranty period. All warranty claims must provide a description of the alleged defect, and must include a proof of purchase containing the date of purchase and the price paid by the original owner of the products. In addition, in order to assist emuamericas, llc in making a determination of whether or not product products are defective, the original owner must either (i) return a sample of the allegedly defective product or (ii) provide emuamericas, llc with a photograph of the allegedly defective products depicting the alleged defect. In the event a photograph is submitted to emuamericas, llc by the original owner, emuamericas, llc may require , prior to any repair, replacement, or refund, that the original owner provide emuamericas, llc with an affidavit warranting that such products have been destroyed and that no one will use such products in the future. Failure to comply with these warranty procedures shall void this warranty. This limited warranty also does not cover damaged or defective products resulting from the unreasonable or abusive use of products, including, without limitation, use of products on slippery and/or uneven surfaces and use of products to support excessive weight, the lack of proper care and maintenance of products, acts of nature, use of products for other than their intended purposes, or the use of products other than according to specifications and limitations established by emuamericas, llc from time to time. This limited warranty is the original owner’s exclusive remedy and it shall not be deemed to have failed of its essential purpose so long as emuamericas, llc is willing and able to repair or replace defective products or to refund the purchase price of products as specified herein. No allowance will be made for unauthorized repairs or replacements made by the original owner.
In no event shall emuamericas, llc liability to the original owner ever exceed the total purchase price of the defective product(s). emuamericas, llc shall not, in any event, be liable for consequential, incidental, or special damages, including, without limitation, lost profits, injury to persons, or other damages, whether arising from any product defect, use of products, or otherwise. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to the original owner. However, the limitations and exclusions contained in this limited warranty shall apply to the maximum extent permitted under state law. No other express warranties of any type shall apply. The duration of any implied warranty is limited to the express warranty period provided herein. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to the original owner. If state law precludes or invalidates seller’s right to limit the duration of implied warranty, all such implied warranties shall last no longer than the minimum duration required by state law.
No person, firm, or entity, other than emuamericas, llc is authorized to make any other warranty or assume any other obligation for emuamericas, llc in connection with the sale of the products. This limited warranty gives the original owner specific legal rights, and such owner may have other rights, which vary from state to state.
This warranty is only valid if all parts that wear, such as chair foot caps, get replaced minimally annually. Please contact your local dealer, sales representative or our corporate office for further details on how to purchase replacement parts.
