SunSetter Flagpole
5-Year Limited Manufacturer's Warranty

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This limited warranty is extended by the manufacturer, SunSetter Products Limited Partnership, 184 Charles Street, Malden, Massachusetts 02148 to the original purchaser and may not be assigned or transferred to subsequent owners. This Warranty applies only to SunSetter Flagpoles purchased and installed in the US. To activate this warranty or to receive coverage, the original purchaser must fill out and mail to SunSetter Products the registration card included with the product, or submit the on-line registration form at www.myflagpole.com or show SunSetter Products a dated proof of delivery (copy of original purchase receipt) when submitting a claim. The purchaser agrees and acknowledges that this Warranty agreement constitutes an executory contract.

Under this Warranty, the SunSetter Flagpole has a five (5) year limited warranty, from the date of the original purchase, against manufacturer’s defects. Subject to the terms and conditions set forth herein, SunSetter Products will furnish replacement for parts found by SunSetter Products to be defective in design, manufacture or assembly, provided that the flagpole is not subjected to excessive winds.

A. WHAT IS NOT COVERED UNDER THIS WARRANTY

1. Any failure or damage of the components that results from normal wear and tear, negligence, misuse, accident, improper installation or stormy weather is not covered by this Warranty.

2. Labor charges connected with installation of replacement parts are not covered by this Warranty.

3. Freight expenses to and from SunSetter Products in shipping damaged or replacement parts are not covered by this Warranty and must be paid by the purchaser.

4. This Warranty is exclusive to the Flagpole and does not apply to the flag.

B. GENERAL PROVISIONS AND LIMITATIONS

1. THE WARRANTY GRANTED HEREIN IS THE EXCLUSIVE REMEDY FOR THE PURCHASER. SUNSETTER PRODUCTS MAKES NO OTHER WARRANTIES TO THE PURCHASER, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATIONS, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.

2. TO THE EXTENT PERMITTED BY LAW, SUNSETTER PRODUCTS SHALL HAVE NO LIABILITY TO THE PURCHASER OR ANY OTHER PERSON FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER ARISING OUT OF BREACH OF WARRANTY OR OTHER BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE, EVEN IF SUNSETTER PRODUCTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH POTENTIAL LOSS OR DAMAGE. IN NO EVENT SHALL SUNSETTER PRODUCTS BE LIABLE FOR LOSS OF PROFITS AND/OR WAGES.

3. Some states do not allow limitations on how long an implied warranty lasts, or do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

4. This warranty gives you specific rights, and you may have other rights, which vary from state to state.


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