This Limited Product Warranty (Limited Warranty) is provided by Dock Armor Fenders LLC, a California limited liability company (Warrantor), to the original retail purchaser identified below. This Limited Warranty is attached as Exhibit A to certain authorized reseller agreements solely to identify the warranty that authorized resellers must provide to their end customers. It is not a separate warranty or remedy for an authorized reseller and does not alter the rights or obligations between Warrantor and a reseller under an applicable reseller agreement or accepted order confirmation.
1. Scope and Coverage
1.1 Warrantor: Dock Armor Fenders LLC, located at 46 Center Street, Chula Vista, CA 91910.
1.2 Covered Product(s): This Limited Warranty applies only to new Warrantor dock fenders, corner fenders, vertical pile fenders, accessories, replacement parts, and other products that Warrantor expressly designates in writing as covered products (collectively, Products). This Limited Warranty does not cover installation, removal, reinstallation, labor, site assessment, engineering, permitting, code compliance, transportation, shipping, or other installation- or service-related work.
1.3 Eligible Claimants: This Limited Warranty is extended only to the original retail purchaser of a Product from Warrantor or an authorized reseller (End Customer). This Limited Warranty is not transferable or assignable and does not apply to a subsequent purchaser, transferee, installer, contractor, property owner who did not originally purchase the Product, reseller, distributor, or other third party. An authorized reseller may assist an End Customer with submitting a claim, but the reseller has no independent right to coverage, payment, reimbursement, or other remedy under this Limited Warranty.
1.4 Warranty Period: Subject to the terms and exclusions of this Limited Warranty, the warranty period begins on the End Customer’s documented original retail purchase date and continues for five (5) years (the Warranty Period). To establish coverage, Warrantor may require proof of the original retail purchase date, including a sales receipt, invoice, or other documentation acceptable to Warrantor. Repair or replacement does not extend or restart the Warranty Period.
2. Warranty Against Defects
2.1 Limited Defect Warranty: During the Warranty Period, Warrantor warrants that the Product will be free from defects in materials and workmanship when installed, used, maintained, and serviced strictly in accordance with Warrantor’s then-current written instructions, specifications, care/use materials, and applicable Product limitations.
2.2 Exclusive Remedy: If Warrantor determines, in its reasonable discretion, that a timely claim is covered by this Limited Warranty, Warrantor will, at its sole option: a) repair the defective Product or component; b) provide a new or refurbished replacement Product or component that is identical or functionally equivalent; or c) if repair or replacement is not commercially practicable, issue a credit or refund the amount actually paid to Warrantor for the affected Product. Warrantor may use new, refurbished, or functionally equivalent replacement Products or components. The remedy selected by Warrantor is the End Customer’s sole and exclusive remedy for a covered defect.
2.3 Excluded Costs: Except to the extent required by applicable law, Warrantor will not reimburse installation, labor, removal, reinstallation, inspection, site access, permitting, engineering, transportation, shipping, storage, downtime, loss-of-use, or other incidental costs associated with a warranty claim. Warrantor does not provide cash refunds or reimbursements in lieu of the remedy Warrantor elects under Section 2.2.
3. Exclusions
3.1 Exclusions: This Limited Warranty does not cover any Product damage, defect, failure, or condition arising from or related to:
● improper, incomplete, negligent, unsafe, or noncompliant installation, setup, mounting, removal, reinstallation, maintenance, storage, repair, or use;
● site conditions, including water conditions, weather, tide, wind, wave action, dock movement, structural conditions, substrate conditions, compatibility, dimensions, load conditions, or other environmental conditions;
● an installer’s, contractor’s, reseller’s, owner’s, or other third party’s site assessment, engineering, permitting, code-compliance, workmanship, selection of installation method, or other act or omission;
● misuse, abuse, negligence, accident, collision, impact, vandalism, fire, flood, lightning, power surge, acts of God, or events outside Warrantor’s reasonable control;
● alteration, modification, repair, replacement, or use of any component, accessory, hardware, fastener, or material not approved in writing by Warrantor;
● use outside the Product’s intended purpose or outside Warrantor’s written specifications, instructions, environmental limitations, load limitations, or operating limitations;
● normal wear and tear, deterioration, cosmetic damage, scratches, dents, discoloration, fading, or similar conditions that do not materially impair Product functionality;
● removal, alteration, defacement, or illegibility of a Product label, serial number, or other factory-applied identification; or
● any representation, warranty, guarantee, service commitment, or other promise made by a reseller, installer, contractor, or other person that exceeds or conflicts with this Limited Warranty.
4. Implied Warranty and Limitation of Liability
4.1 Implied Warranties: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
4.2 Exclusion of Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WARRANTOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR DAMAGE TO PROPERTY OTHER THAN THE AFFECTED PRODUCT, ARISING OUT OF OR RELATING TO A PRODUCT OR THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
4.3 Liability Cap: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WARRANTOR’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A PRODUCT OR THIS LIMITED WARRANTY SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO WARRANTOR FOR THE AFFECTED PRODUCT.
4.4 Nonwaivable Rights: Nothing in this Limited Warranty limits or excludes any right or remedy that cannot lawfully be limited or excluded under applicable law. The five-year duration limitation on implied warranties is also subject to applicable nonwaivable law. For California End Customers, please note that statutory implied warranties ordinarily may not exceed one year from retail sale even where a longer express warranty is provided.
5. How To Submit a Warranty Claim
5.1 Products Purchased from an Authorized Reseller: If an End Customer purchased the Product from an authorized reseller, the End Customer should first contact that reseller. The reseller will assist the End Customer in submitting the claim to Warrantor, and reseller shall use Warrantor’s contact information listed in Section 5.2 of the Limited Warranty. The reseller’s involvement does not create any independent warranty obligation of the reseller on behalf of Warrantor.
5.2 Products Purchased Directly from Warrantor: An End Customer who purchased a Product directly from Warrantor may submit a claim by contacting Warrantor at:
Mailing Address: Dock Armor Fenders LLC, 46 Center Street, Chula Vista, CA 91910
5.3 Required Information and Inspection: Warrantor may request reasonably necessary information to evaluate a claim, including:
● proof of original retail purchase;
● the Product model and date of purchase;
● a description of the claimed defect;
● photographs, videos, installation information, maintenance information, and site information; and
● reasonable access to inspect the Product, including an on-site inspection if reasonably necessary. Warrantor may require the End Customer to make the affected Product or component available for inspection, repair, replacement, or return. Do not remove, alter, repair, dispose of, or replace the Product before Warrantor has had a reasonable opportunity to inspect it, except as reasonably necessary to address an imminent safety risk.
5.4 Claim Determination: Warrantor will determine, in its reasonable discretion, whether a claimed condition is covered by this Limited Warranty. Warrantor will not be obligated to provide a remedy unless and until it confirms coverage.
6. General Provisions
6.1 No Extension of Warranty Period: Repair or replacement of a Product or component does not extend, renew, or restart the Warranty Period. Any repaired or replacement Product or component is covered only for the unexpired portion of the original Warranty Period, unless applicable law requires otherwise.
6.2 Governing Law: This Limited Warranty is governed by the laws of the State of California, without regard to conflict-of-laws principles, except to the extent that applicable law requires the application of another jurisdiction’s nonwaivable consumer-protection or warranty law.
6.3 Legal Rights: This Limited Warranty gives you specific legal rights, and you may also have other rights that vary from state to state. Nothing in this Limited Warranty is intended to limit rights or remedies that cannot lawfully be waived, limited, or excluded.
6.4 No Other Warranties; No Authority of Resellers or Installer: No reseller, installer, contractor, employee, agent, or other person is authorized to modify, extend, waive, or make any commitment concerning this Limited Warranty or a Product on Warrantor’s behalf unless Warrantor approves that commitment in a signed writing by an authorized representative. Warrantor is not responsible for any unauthorized statement, representation, warranty, guarantee, service commitment, or promise made by any reseller, installer, contractor, or other third party.
