Warranty

LIMITED WARRANTY

BALCONISTA FURNITURE WARRANTS TO CUSTOMER THAT FOR A PERIOD OF ONE (1) YEAR FOR COMMERCIAL USE  and FIVE (5) YEARS FOR RESIDENTIAL USE FROM THE DATE OF THE ORIGINAL INVOICE, UNDER NORMAL USE AND SERVICE CONDITIONS, OUR PRODUCT LINE SHALL BE FREE OF MATERIAL DEFECTS, SHALL NOT SPLINTER, CRACK, CHIP, PEEL, ROT OR SUFFER STRUCTURAL DAMAGE FROM INSECT INFESTATION. DAMAGE CAUSED BY, AMONG OTHER THINGS, USE OF INCOMPATIBLE ACCESSORIES, INTENTIONAL ACTS, UNREASONABLE USE, MISUSE, PHYSICAL ABUSE, VANDALISM, RIOT, INSURRECTION OF CIVIL DISORDER OR ACTS OF GOD (SUCH AS FIRE, FLOODING, HURRICANE, EARTHQUAKE, TORNADO, LIGHTNING, ICE, ETC.) ENVIRONMENTAL CONDITIONS, (SUCH AS AIR POLLUTION, MOLD, MILDEW, ETC.), STAINING FROM FOREIGN SUBSTANCES (SUCH AS OIL, GREASE, DIRT) OR NORMAL WEATHERING SHALL NOT BE COVERED BY THE WARRANTY. FAILURE TO MAINTAIN THE PRODUCT BY CUSTOMER SHALL VOID THE WARRANTY. MAINTENANCE OF THE PRODUCT SHALL INCLUDE, BUT NOT BE LIMITED TO REGULAR WASHING OF THE PRODUCT AND REMOVAL OF THE PRODUCT FROM DANGEROUS ENVIRONMENTAL CONDITIONS.

 

THE FOLLOWING ITEMS ARE SPECIFICALLY EXCLUDED FROM THE BALCONISTA FURNITURE LIMITED WARRANTY - 

BALCONISTA FURNITURE SHALL NOT BE LIABLE FOR ANY FAILURE, DEFECT OR DAMAGE RESULTING FROM OR CONNECTED WITH THE FOLLOWING: 

• FADING, COLOR CHANGE OR COLOR MATCH - BALCONISTA FURNITURE IS MADE FROM TANGENT SUPERIOR WOOD ALTERNATIVE WITH UV-STABILIZERS TO MINIMIZE FADING; HOWEVER, UPON EXPOSURE TO THE SUN, ALL COLORS WILL FADE TO SOME DEGREE
• COLOR OR PATTERN VARIANCE BETWEEN ANY NEW REPLACEMENT SECTION OR PIECES AND OTHER SECTIONS OR PIECES.

THERE MAY BE SLIGHT VARIATIONS BETWEEN THE FINAL PRODUCT AND THE SAMPLE/PROTOTYPE WITH RESPECT TO THE FINISH, TONE, COLOR, GRAINING OR PRECISE MEASUREMENTS. CERTAIN HAND MADE PRODUCTS ARE BY NATURE IRREGULAR. BALCONISTA FURNITURE WILL SUBSTANTIALLY CONFORM ITS PRODUCTS TO PRODUCT DESCRIPTIONS BUT BALCONISTA FURNITURE WILL NOT REPAIR OR REPLACE PRODUCTS WITH MINOR VARIATIONS, INCLUDING, BUT NOT LIMITED TO: SLIGHT VARIATIONS IN FINISH, TONE, COLOR, GRAINING OR PRECISE MEASUREMENTS. ANY CLAIMS AGAINST BALCONISTA FURNITURE FOR MANUFACTURER DEFECTS, SHORTAGES OR ERRORS, MUST BE MADE WITHIN FIFTEEN (15) DAYS AFTER RECEIPT OF MERCHANDISE. FAILURE TO MAKE A CLAIM WITHIN THAT TIME SHALL CONSTITUTE AN ACCEPTANCE OF MERCHANDISE AND A WAIVER OF ANY DEFECTS, SHORTAGES, ERRORS OR CLAIMS. BALCONISTA FURNITURE’S LIABILITY SHALL NOT EXCEED THE CONTRACT PRICE ACTUALLY PAID TO BALCONISTA FURNITURE FOR ITS PRODUCTS.

IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THE LIMITED WARRANTY DESCRIBED HEREIN SHALL BE CUSTOMER’S SOLE REMEDY AND SUCH REMEDY SHALL BE IN LIEU OF ANY CLAIM FOR ANY AND ALL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL. ALL CLAIMS MUST BE REPORTED TO BALCONISTA FURNITURE. YOU MAY REACH BALCONISTA FURNITURE AT SCOTT@BALCONISTAFURNITURE.COM.

BALCONISTA FURNITURE RESERVES THE RIGHT TO DISCONTINUE OR MODIFY ANY PRODUCT LINE OR COLOR WITHOUT NOTIFYING THE PURCHASER. IF THE ORIGINAL PRODUCT IS NOT AVAILABLE, WE RETAIN THE RIGHT TO CHOOSE TO PROVIDE REPLACEMENT MATERIAL OF EQUAL VALUE OR QUALITY. 

 

ASSEMBLY and INSTALLATION

IN ORDER TO INSTALL OUR BALCONISTA PRODUCTS, ALL RAILING MUST BE SECURE, IN GOOD WORKING ORDER, AND MEET OR EXCEED ALL LOCAL BUILDING CODES. ASSEMBLY OR HANDLING OF PRODUCTS AFTER THEY LEAVE OUR FACTORY, INCLUDING ANY LACK OF OR IMPROPER PERFORMANCE, IMPROPER INSTALLATION BY THE DEALER, ASSEMBLER OR INSTALLER SHALL BE EXCLUDED FROM THIS WARRANTY. FOR INFORMATION ON PROPER INSTALLATION SEE VIDEOS AND INSTRUCTIONS POSTED HEREIN ON THE WEBSITE. 

HARDWARE

HARDWARE USED IN PRODUCTION OR ASSEMBLY OF BALCONISTA FURNITURE IS WARRANTED TO NOT BREAK FOR FIVE (5) YEARS OF RESIDENTIAL OR COMMERCIAL USE. 

 

DISCLAIMER OF ALL OTHER WARRANTIES

 

BALCONISTA FURNITURE MAKES NO WARRANTY OTHER THAN THE LIMITED WARRANTY DESCRIBED HEREIN. THIS LIMITED WARRANTY IS EXPRESSLY IN LIEU OF ANY AND ALL OTHER EXPRESSOR-IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT WHATSOEVER SHALL BALCONISTA FURNITURE BE LIABLE FOR, AND CUSTOMER AND ANY THIRD-PARTY SHALL INDEMNIFY AND HOLD BALCONISTA FURNITURE HARMLESS FROM:

1. ANY AND ALL DAMAGES, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, WHETHER RESULTING FROM BALCONISTA FURNITURE’S NEGLIGENCE OR OTHERWISE, ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM THE GOODS SOLD HEREUNDER, AND 
2. ANY AND ALL CLAIMS, ACTIONS, SUITS AND PROCEEDINGS WHICH MAY BE INSTITUTED WITH RESPECT TO THE FOREGOING INCLUDING, BUT NOT LIMITED TO, THOSE MADE BY SUBSEQUENT OWNERS AND USERS OF THE GOODS.

 

LIMITATION OF LIABILITY

TITLE TO MERCHANDISE PASSES TO CUSTOMER UPON THE MANUFACTURER’S DELIVERY TO FREIGHT CARRIER. BALCONISTA FURNITURE IS NOT RESPONSIBLE FOR ANY DAMAGE AFTER THE MERCHANDISE HAS BEEN ACCEPTED IN GOOD ORDER BY THE SHIPPING COMPANY AND IS NOT RESPONSIBLE FOR DAMAGE SUSTAINED IN TRANSIT. EVIDENCE OF DAMAGE MUST BE PROVIDED TO FREIGHT CARRIER, INCLUDING, BUT NOT LIMITED TO: PHOTOGRAPHS, VIDEOS AND ANY OTHER DOCUMENTATION NECESSARY TO RESOLVE ANY CLAIMS. ADDITIONALLY, EVIDENCE OF ANY DAMAGE TO THE PACKAGING MUST BE PROVIDED AS THIS IS NECESSARY TO RESOLVE DAMAGE CLAIMS. CLAIMS FOR DAMAGE TO THE PACKAGING OR LOSS IN TRANSIT MUST BE MADE BY CUSTOMER DIRECTLY TO FREIGHT CARRIER. ALL VISIBLE DAMAGE SHOULD BE NOTED BY THE RECIPIENT ON FREIGHT BILL BEFORE IT IS SIGNED BY THE RECIPIENT AND FREIGHT CARRIER IF POSSIBLE. FULL INSPECTION MUST OCCUR WITHIN 48 HOURS OF DELIVERY AND ALL FREIGHT CLAIMS FILED WITHIN 72 HOURS. EVIDENCE OF ANY DAMAGE MUST BE PROVIDED TO BALCONISTA FURNITURE. FAILURE TO REPORT A CLAIM FOR DAMAGE WITHIN FIFTEEN (15) DAYS FROM THE DISCOVERY OF THE DAMAGE CONSTITUTES AN ACCEPTANCE OF MERCHANDISE AND A WAIVER OF CLAIM. SHIPMENTS RETURNED TO BALCONISTA FURNITURE’S MANUFACTURER WITHOUT WRITTEN CONSENT BY BALCONISTA FURNITURE WILL BE REFUSED.

BALCONISTA FURNITURE WILL NOT BE LIABLE TO CUSTOMER OR ANY THIRD- PARTY FOR ANY AND ALL DAMAGE TO PERSONS OR PROPERTY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, RESULTING FROM ANY INJURIES WHICH OCCUR AS A RESULT OF MISUSE OF BALCONISTA FURNITURE’S PRODUCTS. MISUSE OF BALCONISTA FURNITURE’S PRODUCTS INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING: USING THE PRODUCT AS A STEP, STANDING ON THE PRODUCT, SITTING ON THE PRODUCT OR OTHERWISE USING THE PRODUCT IN ANY MANNER OTHER THAN WHICH IT WAS INTENDED. BALCONISTA FURNITURE WILL HAVE NO LIABILITY EXCEPT FOR MANUFACTURER’S DEFECTS.

GOVERNING LAW

This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida. Jurisdiction and venue for the purposes of enforcing this Agreement shall be in Walton County, Florida.

TIME OF ESSENCE

The Parties acknowledge that time is of the essence with respect to this Agreement.

ATTORNEYS’ FEES AND COSTS

If there is a failure to prove any claim against Balconista Furniture, the claimant agrees to pay all of Balconista Furniture’s legal costs, expenses and attorneys’ fees incurred in defending that claim. Such attorneys’ fees and costs shall include but not be limited to fees and costs incurred in any phase of negotiation or litigation including but not limited to all trials, proceedings and appeals and all appearances in and connected with any bankruptcy case, proceedings or creditors reorganization case or proceedings or arbitration proceedings. Attorneys’ fees shall also include hourly charges for paralegals, law clerks and other staff members operating under the supervision of any attorney.

HEADINGS

Section and subsection headings in this Agreement are for convenience of reference only, and shall not govern, limit or influence in any manner whatsoever the interpretation of any provision hereof. The Agreement shall be considered as a whole.

CONSTRUCTION OF AGREEMENT

This Agreement contains all the terms and conditions agreed upon by Customer and Balconista Furniture which superseded Customer’s purchase order. No modification to this Agreement shall be valid unless in writing and signed by both parties.

Proper maintenance of your product is required to support the benefits of this warranty. This warranty is voided in the event that there are indications of abuse or neglect to the furniture. This warranty does not apply to normal wear and tear effects on Balconista Furniture products, which are received by regular use of the products. 

WAIVER OF JURY TRIAL

THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON, ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY DOCUMENTS CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OR CONDUCT, COURSE OF DEALINGS, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF THE PARTIES. THIS WAIVER IS A MATERIAL INDUCEMENT FOR THE PARTIES TO EXECUTE THIS AGREEMENT.