Mitchell Fabrics, Inc. (“Mitchell”) warrants the goods covered under this agreement against original defect in material under normal use for a period of one (1) year from date of original purchase, as set forth herein. The warranty applies to the original purchaser of the products only, and is non-transferable and non-assignable.
Mitchell’s total liability under this or any other warranty, express or implied, is limited to replacement of the product to the fullest extent permitted by law. Mitchell shall not be liable to the purchaser or end customer of any Mitchell product for any punitive, incidental or consequential damages, such as loss or profits, loss of use or business interruption, or for any installation or freight charges, or for any attorney fees arising from the purchase, use or inability to use Mitchell products.
The warranty only covers defects in material and does not cover the following:
• Improper product fabrication or installation including the use of welt cord in furniture upholstery
• Improper maintenance and/or cleaning in a manner not outlined on the product’s Care and Cleaning Guide
• Improper storage, handling or shipping
• Damage caused by mold and mildew
• Any post treatment of the product (including but not limited to flame, adhesive, lamination or chemical treatments)
• Damage caused by scratches, tears, scrapes or punctures to the material
• External contaminants or dyes that may have transferred to the material
• Any repair, alteration or modification to or of the material.
Evidence of the claim must be submitted by the original purchaser. For the warranty to go into effect, Mitchell requires written notification and documentation including a detailed explanation of the alleged non-conformities as well as photographs. Mitchell also requires a sample of the material in question be returned to Mitchell for inspection within thirty (30) days of the claim. Purchaser’s failure to comply these requirements within said time frame shall be deemed abandonment of its warranty claim and void any future warranty claim with respect to those goods.
If Mitchell determines that any product(s) so returned are not covered by the limited warranty, Mitchell reserves the right to charge the purchaser for all costs and expenses incurred by Mitchell in examining and handling such product(s).
In the event that Mitchell accepts the claim, Mitchell will, at its discretion, offer replacement material free of charge or a credit memo. Mitchell shall not be responsible for the costs associated with the measuring or installing of the replacement product.
Mitchell’s prices are based upon this limited warranty and any different or greater warranty coverage which purchaser requests may require a price adjustment.
Except for these limited warranties set forth herein, no other warranties are made with respect to Mitchell products. Mitchell expressly disclaims all warranties not stated herein, including to the extent permitted by applicable law, implied warranty of non-infringement, merchantability, or fitness for a particular purpose.