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Integra Pool Covers, Inc. (“Integra”) provides the following standard limited warranties (each as described below and, collectively, the "Limited Warranty") to the original retail purchaser (the "Retail Purchaser") of its pool cover on the following terms:
A. LIMITED WARRANTY. Subject to the exclusions and conditions listed herein, Integra warrants its pool cover system (the “Pool Cover”) purchased by the Retail Purchaser for installation on a residential pool as follows so long as the Pool Cover is owned by the Retail Purchaser:
1. Mechanical Limited Warranty. The mechanical components, including all mechanical parts on the reel mechanism except those considered expended through normal use such as rope pulleys, sliders and guide feeds, are warranted against defects in manufacturing workmanship and materials that result in failure of the component and/or an inoperable Pool Cover for a period of ten (10) years from the date of shipment from Integra and Integra will repair or replace the applicable mechanical component(s) and include return shipping costs from Integra during the Mechanical Limited Warranty period.
2. Extrusions Limited Warranty. The extrusions are warranted against defects in manufacturing workmanship and materials that result in failure of the extrusions and/or an inoperable Pool Cover for a period of three (3) years from the date of shipment from Integra and Integra will repair or replace the extrusions and include return shipping costs from Integra during the Extrusions Limited Warranty period.
3. Electrical Limited Warranty. The electrical components are warranted against defects in manufacturing workmanship and materials that result in failure of the component and/or an inoperable Pool Cover for a period of three (3) years from the date of shipment from Integra and Integra will repair or replace the applicable electrical component(s) and include return shipping costs from Integra during the Electrical Limited Warranty period. The electrical motor is included in this Electrical Limited Warranty only if it has not been exposed to water frequently such as being submerged in water often or for extended time periods.
4. Fabric Limited Warranty. Each component of the fabric (the vinyl, rope and webbing) is warranted individually against failure to meet ASTM F1346-91 safety standards for a period of five (5) years from the date of shipment from Integra, prorated as follows: (a) during the first three (3) years of the Fabric Limited Warranty period, Integra will repair or replace the applicable fabric component and include return shipping costs from Integra and (b) during years four (4) and five (5) of the Fabric Limited Warranty period, the cost of repair or replacement will be reduced by one-sixtieth (1/60th) per month for each remaining month of the Fabric Limited Warranty period.
To obtain Limited Warranty services, the Retail Purchaser must (1) have registered the Pool Cover online on Integra’s website (www.integrapoolcovers.com) and provided proof of purchase prior to any Limited Warranty services and within ninety (90) days of delivery of the Pool Cover to the Retail Purchaser; (2) notify Integra in writing immediately after any condition occurs that affects the Pool Cover’s safety performance and take all steps necessary to secure the pool’s safety; (3) notify Integra in writing within three (3) months of becoming aware of a potential Pool Cover Limited Warranty claim; (4) provide Integra and/or its affiliates, agents or subcontractors a reasonable opportunity to inspect the Pool Cover and the installation or use thereof and records kept in connection therewith and (5) have paid the Purchase Price (as defined in Section (D)(3)) for the Pool Cover in full (collectively, the "Retail Purchaser Limited Warranty Actions"). The Integra mailing address, warranty department address and warranty telephone number for purposes of the foregoing are as follows:
Integra Pool Covers Warranty Department
2901 Leisure Island Way, Knoxville, TN 37914
1. Exclusions. The Limited Warranty shall not apply in connection with any of the following:
(a) failure to complete any of the Retail Purchaser Limited Warranty Actions above;
(b) damages or alterations caused or contributed to by acts of nature or events beyond the control of Integra, including without limitation earthquake, ground movement, storm or flood, high wind, lightning, fire, power surges, falling objects, hail, tornado, inadequate site drainage,
(c) improper workmanship of any service professional or installer;
(d) failure to maintain adequate drainage from the housing;
(e) installation, repairs, alterations or other work by someone other than an authorized Integra dealer or other person experienced and trained in installing and repairing Integra Pool Covers™ products, except to the extent any claimed defects or damages are unrelated to such work (for the avoidance of doubt, this exclusion shall not automatically exclude coverage under the Limited Warranty in all cases, but Integra shall have no responsibility or liability in connection with defects or damages that arise out of or are related to such work);
(f) improper operation;
(g) normal wear and tear, abnormal use of the Pool Cover, neglect, or alteration;
(h) damages caused by improper chemical balance in the pool water (including without limitation failure to maintain the pH level of the pool water between 7.0 and 7.4), abrasion, puncture or abuse;
(i) damages caused or contributed to by accident, abuse (whether accidental or deliberate), misuse, unreasonable use or electrolysis;
(j) plastic loss, pin holing, or stiffening of the Pool Cover from exposure to the pool environment, except when the condition has caused the Pool Cover to fail to meet ASTM F1346-91 safety standards;
(k) failure to comply with any published Integra guidelines, specifications or instructions, including without limitation with respect to operation and maintenance;
(l) if the pool is allowed to overflow with water;
(m) claims for damage to the pool, decks, equipment or any surrounding material from use or installation of the Pool Cover;
(n) failure to maintain the Pool Cover in good order and condition;
(o) deterioration caused by neglect, damage by animals, exposure to damaging chemicals or wear and tear;
(p) failure to provide reasonable and necessary maintenance of the pool chemistry, rope, fabric, extrusions and operating mechanism of the Pool Cover;
(q) any goods or components not manufactured by Integra or its affiliates;
(r) cover pump;
(s) broken ropes except as a result of a manufacturing defect;
(t) if the Pool Cover has been moved from its original installation site;
(u) damages resulting from a component part defect if such part is not a part of the Pool Cover;
(v) normal Pool Cover surface deterioration and/or fading from exposure to the elements other than conditions that affect ASTM F1346-91 safety performance;
(w) Pool Cover fading, deterioration, discoloration or other physical or cosmetic changes, except when the condition has caused the Pool Cover to fail to meet ASTM F1346-91 safety standards; or
(x) use of non-Integra accessories or parts with the Pool Cover, except to the extent any claimed defects or damages are unrelated to such accessories or parts (for the avoidance of doubt, this exclusion shall not automatically exclude coverage under the Limited Warranty in all cases, but Integra shall have no responsibility or liability in connection with defects or damages that arise out of or are related to such accessories or parts).
IT IS THE SOLE RESPONSIBILITY OF THE RETAIL PURCHASER TO CONFIRM THE STANDING OF THE INSTALLER AND TO VERIFY THAT THE INSTALLER IS QUALIFIED, LICENSED AND/OR INSURED AND IN COMPLIANCE WITH APPLICABLE STATE REQUIREMENTS.
A third-party service provider may charge the Retail Purchaser for labor and/or parts to resolve an issue not covered by the Limited Warranty (such as improper installation) and Integra is not responsible for these charges.
Shipping expense from the Retail Purchaser to the Integra authorized dealer and from the dealer to Integra is the responsibility of the Retail Purchaser.
The pump is not covered by the Limited Warranty. Any pump warranty and/or repairs would be provided by the pump manufacturer.
If any dealer warranties are issued by the dealer installing the Pool Cover, these are independent from the Integra Limited Warranty and Integra shall have no liability or responsibility in connection with such warranties.
The following shall apply in connection with the Limited Warranty:
1. Damages Limitation. THE LIMITED WARRANTY DOES NOT COVER THE COST OF REMOVAL, REINSTALLATION, TRAVEL, LODGING, LOSS OF TIME OR USE OF THE POOL COVER OR POOL, INCONVENIENCE, DAMAGE TO STONE, TILE, COPING, FIXTURES, PLUMBING, DRAINS, SKIMMERS OR SKIMMER COVERS, LANDSCAPING, PLAINTS, DWELLINGS OR ANIMALS, OR OTHER INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM ANY DEFECT OR IN CONNECTION WITH ANY REPLACEMENT OR REPAIR HEREUNDER. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE RETAIL PURCHASER WITH RESPECT TO THE LIMITED WARRANTY.
2. Disclaimers. NEITHER INTEGRA NOR ANY OF ITS AFFILIATES MAKES ANY EXPRESS WARRANTY OF ANY KIND OTHER THAN THE EXPRESS LIMITED WARRANTY HEREIN, WHICH MAY NOT BE ALTERED IN ANY MANNER WITHOUT THE EXPRESS WRITTEN CONSENT OF INTEGRA. IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE LIMITED WARRANTY FOR THE PRODUCT COVERED THEREBY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE RETAIL PURCHASER. ALL IMPLIED WARRANTIES, WHETHER STATUTORY OR OTHERWISE, ON PRODUCTS OR SALES NOT COVERED BY THE LIMITED WARRANTY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, NON-INFRINGEMENT AND TITLE, ARE HEREBY EXPRESSLY DISCLAIMED BY INTEGRA AND ITS AFFILIATES AND WAIVED TO THE FULLEST EXTENT ALLOWED BY LAW AND SUCH PRODUCTS ARE SOLD "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ANY WARRANTIES IN CONNECTION THEREWITH IMPLIED BY ANY COURSE OF DEALING OR USAGE ARE EXPESSLY EXCLUDED.
3. Remedies. If the Limited Warranty is applicable, any replacement or repair shall only be warranted until the conclusion of the original warranty term and any repair may be performed by Integra or its affiliates at Integra’s option. IN NO EVENT SHALL THE LIABILITY OF INTEGRA AND ITS AFFILIATES UNDER THE LIMITED WARRANTY EXCEED THE PURCHASE PRICE PAID TO INTEGRA FOR THE POOL COVER. FOR THE AVOIDANCE OF DOUBT, THE "PURCHASE PRICE" PAID TO INTEGRA FOR THE POOL COVER MEANS THE WHOLESALE PRICE PAID BY THE APPLICABLE INTEGRA DEALER IF THE RETAIL PURCHASER PURCHASED THE POOL COVER FROM A DEALER, WITH THE PURCHASE PRICE BEING ONLY THAT PAID FOR THE POOL COVER AND NO OTHER RELATED PRODUCTS, EQUIPMENT, SURROUNDS, LANDSCAPING OR OTHER WORK OR ASSOCIATED PROJECT COSTS. THE REMEDIES SET FORTH HEREIN CONSTITUTE THE RETAIL PURCHASER'S SOLE AND EXCLUSIVE REMEDIES, AND THE SOLE OBLIGATION AND LIABILITY OF INTEGRA AND ITS AFFILIATES, FOR ANY BREACH OF THE LIMITED WARRANTY.
4. Third Party Products. Neither Integra nor its affiliates shall have any warranty or other obligations with respect to goods or materials manufactured by third parties, and the warranty (if any) of the respective third party manufacturer will instead apply. The Retail Purchaser agrees that the disclaimers in Section (D)(2) above shall apply equally to such goods or materials manufactured by third parties.
5. Applicable Law; Jurisdiction and Venue. This Limited Warranty gives the Retail Purchaser specific legal rights, and the Retail Purchaser may also have other rights which vary from state to state. To the fullest extent permitted, the laws of the State of Tennessee shall apply to disputes arising from or relating to this Limited Warranty and/or the Pool Cover without regard to conflicts of law principles. Except to the extent prohibited by applicable law, and subject to the provisions of Section 6 (without limiting or waiving the provisions of that Section), the Retail Purchaser and Integra irrevocably agree to submit to the exclusive jurisdiction of the state or federal courts located in Knoxville, Knox County, Tennessee or, to the extent Integra’ headquarters are at any time relocated outside Knoxville, Tennessee, then in the city and county in which Integra’s principal place of business is then located, for the resolution of any disputes arising from or relating to this Limited Warranty and/or the Pool Cover.
6. Arbitration; Waiver of Class Actions and Jury Trial. Except to the extent expressly prohibited by applicable law, and subject to the provisions of this Section and Section 5 herein, any and all claims and disputes arising out of or in connection with this Limited Warranty and/or the Pool Cover shall be submitted to and settled by binding arbitration under the authority of the Federal Arbitration Act. In the event a court determines that this limitation on joinder or class action certification of claims is unenforceable, then this entire commitment to arbitrate will become null and void and the parties must submit all claims to the jurisdiction of the courts. The arbitration shall take place in Knoxville, Knox County, Tennessee or, if Integra has relocated its headquarters from Knoxville, Tennessee, then in the city where Integra’s headquarters are located at the time of the dispute. The arbitrator must follow the law and may not disregard the express terms of this Limited Warranty. Notwithstanding the foregoing, the arbitration requirements of this Section shall not apply to any action for declaratory or equitable relief, including without limitation injunctive relief, brought at any time, including without limitation prior to or during the pendency of any arbitration proceedings initiated hereunder.WHERE PERMITTED BY APPLICABLE LAW, THE RETAIL PURCHASER AND INTEGRA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER (AND/OR THE OTHER’S AFFILIATES) ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT IN A PRIVATE ATTORNEY GENERAL CAPACITY OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION, AND NEITHER WILL SEEK TO COORDINATE OR CONSOLIDATE ANY CLAIMS HEREUNDER WITH ANY OTHER PROCEEDING. Unless both the Retail Purchaser and Integra agree in writing, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. Subject to the foregoing arbitration requirements, and without limiting or waiving the same, each Party acknowledges and agrees that it has had an opportunity to consult with legal counsel and that it knowingly and voluntarily waives any right to a trial by jury of any dispute pertaining to or relating in any way to the subject matter hereof, the provisions of any federal, state or local law, regulation or ordinance that can be waived by contract notwithstanding. SOME STATES DO NOT PERMIT THE WAIVER OF A JURY TRIAL, SO THIS PROVISION MAY NOT APPLY TO THE RETAIL PURCHASER.
7. Sole Agreement. This Limited Warranty is accepted by the Retail Purchaser with the understanding that it is the sole warranty offered by Integra or its affiliates applicable to the Pool Cover and supersedes any prior understandings, agreements or representations, whether written or oral, by or among Integra and/or its affiliates and the Retail Purchaser regarding the subject matter herein.