LIMITED WARRANTY & LIMITATION OF LIABILITY
Thank you for your purchase. The following limited warranty (the "Limited Warranty") on behalf of Latch Advantage LLC, doing business as Advantage Industries, and its subsidiary entity, Safetech Hardware (jointly, "Advantage Industries"), applies to the Advantage Industries/Safetech Hardware pool gates, latches, handles, hinges, brackets and related fence products manufactured and/or sold by Advantage Industries (collectively, the "Safetech Products"; individually, a "Safetech Product").
CAUTIONARY DISCLAIMER
Swimming pool gates, fences and their hardware systems are designed to aid, but are not a substitute for, adult supervision of the pool and surrounding area. Prior to installing the Advantage Industries/Safetech Products, consult local licensing, zoning and safety authorities for approvals and/or requirements. The Advantage Industries/Safetech Products will operate properly only if installed and maintained in accordance with each Advantage Industries/Safetech Product's instructions.
The pool owner or operator is responsible for the safety of those in or around the pool. Advantage Industries does not accept such responsibility.
GENERAL TERMS
This Limited Warranty gives you specific legal rights and you may also have other rights, which can vary from state to state.
A free copy of this Limited Warranty may be accessed, prior to or after purchase, by visiting Advantage Industries’s website, at www.adv22.com, or by requesting a copy by mail to: Latch Advantage LLC, 3000 SW 15th Street, Suite G & H, Deerfield Beach, FL 33442, Attn: Warranty Request. A copy of this Limited Warranty is also provided inside the Advantage Industries/Safetech Product package.
Subject to the limitations set forth herein, Advantage Industries warrants that, for one year after the original purchase of an Advantage Industries/Safetech Product by the consumer or a contractor who installs the Advantage Industries/Safetech Product on behalf of the consumer (each a "Purchaser"), said Advantage Industries/Safetech Product will be free from defects due to faulty design, materials and workmanship (collectively, the "Covered Defects"; individually, a "Covered Defect").
This Limited Warranty is exclusive and in lieu of all other warranties, oral, written, statutory, express or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. There are no warranties for the Advantage Industries/Safetech Products that extend beyond the description on the face hereof. No other warranty or representation has been made or will be made on behalf of Advantage Industries with respect to the Advantage Industries/Safetech Products or their components — which are being sold "as is" except as otherwise provided herein — or with respect to the operation, maintenance, use, repair or replacement of the Advantage Industries/Safetech Products or their components.
To the extent the above disclaimer of warranties is prohibited by law, Advantage Industries limits the duration and remedies of all implied warranties, including, without limitation, the warranties of merchantability and fitness for a particular purpose.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
THE RESPONSIBILITY OF ADVANTAGE INDUSTRIES FOR A DEFECTIVE ADVANTAGE INDUSTRIES/SAFETECH PRODUCT OR COMPONENT THEREOF IS LIMITED TO REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCT OR COMPONENT, AS FURTHER DESCRIBED BELOW.
WHAT IS THE DURATION OF THIS LIMITED WARRANTY?
This Limited Warranty commences on the date of the Purchaser's purchase of the Advantage Industries/Safetech Product and lasts for one year (the "Warranty Period"). The Warranty Period is not extended if Advantage Industries repairs or replaces any Advantage Industries/Safetech Product. Advantage Industries may modify this Limited Warranty at its discretion, but any such modification will not be retroactive.
WHO MAY USE THIS LIMITED WARRANTY?
Advantage Industries extends this Limited Warranty only to the Purchaser. This Limited Warranty does not extend to any subsequent purchaser, owner or other transferee of the Advantage Industries/Safetech Products.
WHAT DOES THIS LIMITED WARRANTY COVER?
This Limited Warranty covers only Covered Defects in the Advantage Industries/Safetech Products and their components.
WHAT DOES THIS WARRANTY NOT COVER?
This Limited Warranty does NOT cover any defects or damage to the Safetech Products or their components due to: (a) normal wear and tear; (b) the failure to follow any procedures specified or recommended for the installation, operation and maintenance of the Advantage Industries/Safetech Products; (c) any act or circumstance affecting the Advantage Industries/Safetech Products that are beyond the control of Advantage Industries, including tampering, unauthorized repairs, unauthorized modifications or alterations, abnormal or improper use/misuse, abuse, accident, damage in transit, damage after delivery, damage caused by improper storage, or damage caused by animals or natural events (including surface tarnishing or other appearance damage caused by corrosion, weathering or other environmental conditions); (d) any defect of, or in, any material to which the Advantage Industries/Safetech Products are attached or installed; or (e) the faulty workmanship of any person or entity other than Advantage Industries, including the installer of the Advantage Industries/Safetech Products.
WHAT ARE YOUR REMEDIES UNDER THIS LIMITED WARRANTY?
In the event of any Covered Defect in an Advantage Industries/Safetech Product or its components, Advantage Industries will, in its sole discretion, (a) repair or replace such Advantage Industries/Safetech Product or components thereof or (b) refund the purchase price of the Advantage Industries/Safetech Product. If an Advantage Industries/Safetech Product or component thereof is no longer available and cannot be repaired or replaced, Advantage Industries will, in its sole discretion, replace the Advantage Industries/Safetech Product with a substitute item. Advantage Industries will not be liable for labor or any other costs associated with the dismantling, return or reassembly of the Advantage Industries/Safetech Product or any frame or structure to which it is affixed.
HOW DO YOU OBTAIN WARRANTY SERVICE?
If a Covered Defect in an Advantage Industries/Safetech Product or its components appears, the Purchaser must advise Advantage Industries in writing within fourteen (14) days of discovering the Covered Defect and return the defective Advantage Industries/Safetech Product to Advantage Industries, postage paid, at the following address, together with proof of purchase and a brief written description of the issue, along with clear photographic evidence thereof: Latch Advantage LLC, 3000 SW 15th Street, Suite G & H, Deerfield Beach, FL 33442, Attn: Warranty Department.
LIMITATION OF LIABILITY
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND REPRESENT THE ENTIRE LIABILITY OF ADVANTAGE INDUSTRIES FOR ANY BREACH OF THIS LIMITED WARRANTY. THE LIABILITY OF ADVANTAGE INDUSTRIES SHALL UNDER NO CIRCUMSTANCES EXCEED THE PURCHASE PRICE OF THE ADVANTAGE INDUSTRIES/SAFETECH PRODUCT. NOR SHALL ADVANTAGE INDUSTRIES UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY AT LAW OR IN EQUITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES AND/OR PUNITIVE DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
NO MODIFICATION OF THIS LIMITED WARRANTY IS PERMITTED
Except as required by law, this Limited Warranty may not be modified in any way. No representatives of Advantage Industries or its distributors or retailers (or their representatives) are authorized to make any changes or modifications, whether written or oral, to this Limited Warranty.
GOVERNING LAW
To the extent not otherwise prohibited by law, this Limited Warranty shall be governed and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any legal action concerning this Limited Warranty shall be commenced and litigated in a court of competent jurisdiction in the State of Florida and you agree to submit to the exercise by said court of personal jurisdiction over you.