This Limited Lifetime Warranty is extended by TruGuard, LLC to the original purchaser(s) (“Owner”) of the products installed by TruGuard.
1. What is Covered by the Warranty. For the lifetime of the product(s) installed at Owner’s property by TruGuard (“lifetime” is defined as the usable and expected life of the product(s) according to their respective manufacturers), TruGuard warrants that it will repair or replace, at TruGuard’s option, any latent defects in workmanship associated with the product(s) at no charge to the Owner. A latent defect in workmanship is defined as one which was not apparent or ascertainable upon reasonable inspection immediately after the completion of TruGuard’s installation of the product(s). Owner agrees to accept a reasonable substitute in any repair or replacement in the event the original item is no longer available.
2. What is Not Covered by the Warranty. This warranty does not cover: damages resulting from any defect of the product(s) themselves, including manufacturer defects and design defects; damages resulting from fires, floods, storms, accidents, electrical malfunctions, or acts of God; damages from alterations, misuse, or abuse of the product(s) installed by TruGuard by any person; damage resulting from Owner’s failure to observe any operating or maintenance instructions furnished by TruGuard; damage resulting from any item furnished or installed by the Owner or his agent; damage resulting from normal wear and tear associated with the product(s); any other damage of any kind, excluding only the limited coverage outlined in Paragraph 1, above.
3. Warranty Service. Requests for warranty service must be sent in writing to TruGuard’s office, and all requests must include the address of Owner’s home, the nature of service work requested, Owner’s work and personal phone numbers, and Owner’s e-mail address. If TruGuard determines that Owner’s warranty request qualifies under Paragraph 1, above, TruGuard shall use commercially reasonable efforts to schedule prompt service work.
4. Warranty Transferability. This warranty may be transferred by Owner to any successive Owner of the property upon which the product(s) were installed by TruGuard. Owner shall perform the following to effectuate a transfer of this warranty: (a) within 30 days of the transfer of Owner’s real property to another purchaser, Owner shall notify TruGuard via U.S. Mail of Owner’s intention to transfer this warranty (“Written Notice”); within Owner’s Written Notice, Owner shall include the new homeowner’s name and contact information, include Owner’s new contact information, and enclose a check for $50 written to TruGuard, as a warranty transfer fee. Absent Owner’s compliance with this paragraph, this warranty shall not be transferrable.
5. Remedies and Limitations. Owner acknowledges that he/she relies solely on his/her judgment in accepting this warranty, and that there are no other guarantees, warranties, understandings, or representations made by TruGuard or any representatives of TruGuard, that are not set forth in this document. Owner also acknowledges that his/her sole remedy under this limited warranty is the repair or replacement of product(s) installed by TruGuard. OWNER HEREBY EXPRESSLY WAIVES ANY CLAIMS HE/SHE MAY HAVE FOR BREACH OF THE IMPLIED WARRANTIES OF FITNESS OF PURPOSE, HABITABILITY, AND WORKMANLIKE CONSTRUCTION. In the event of a dispute between Owner and TruGuard that is related in any way to this warranty, the parties hereby agree that any and all such disputes shall be resolved through binding arbitration before the AAA, subject to the expedited commercial rules of the AAA. This warranty shall be governed by the laws of the State of North Carolina, and any disputes arising under this agreement shall be adjudicated in Mecklenburg County, North Carolina. The Federal Arbitration Act applies to this warranty, and in the event of a conflict between state law and the Federal Arbitration Act, the Federal Arbitration Act shall preempt state law.
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