SMITHE KOTE LEATHER PROTECTION WARRANTY |
SMITHE KOTE FABRIC PROTECTION WARRANTY |
LIMITED WARRANTY |
LIMITED WARRANTY
This "Furniture Product Warranty" (hereinafter the "Warranty") is effective from the original delivery date shown on the Client's delivery receipt. Walter E. Smithe furniture is warranted to be free from defects in materials and workmanship, subject to the terms and conditions set forth below.
Component Parts
Legs, buttons, wood trim, mechanisms, and other component parts are guaranteed to be defect free for the useful life of the item.
Cushions
Back and seat cushion cores are guaranteed to keep their shape and remain supportive to the original purchaser for the useful life of the item. Some softening and change in shape will occur normally with use as the cushions conform to the user, especially within the first year. These include loss of initial loft or cushion crown due to normal compression of the core. These changes are to be expected and are not covered by the Warranty.
Fabric Durability
Under normal use, fabric upholstery is guaranteed not to split at the seams, rip, shred, shrink, stretch excessively, transfer color from dry fabric to clothing, or wear through from abrasion for TWO (2) YEARS from the date of delivery. Pilling, fading or damage from abuse or improper cleaning are not covered by this warranty.
Frames
Upholstery frames are guaranteed to be defect free for the useful life of the item, which ends when the fabric is no longer serviceable. Walter E. Smithe reserves the right to determine when the fabric is no longer serviceable.
Leather
Under normal use, leather upholstery is guaranteed not to split at the seams, shred, stretch excessively, transfer color from dry leather to clothing, or wear through from abrasion for TWO (2) YEARS from the date of delivery. Fading or damage from abuse or improper cleaning are not covered by this warranty.
Mattresses
Refer to manufacturer's warranty on file.
Non-upholstered Furniture
All non-upholstered furniture is guaranteed to be defect free for a period of ONE (1) YEAR from the date of delivery.
Recliners
Recliner mechanisms are guaranteed to be defect free for the useful life of the item. From time to time, mechanisms are discontinued by the manufacturer. The useful life of the particular mechanism is considered over at this time.
Sleeper Sofa Mechanisms and Mattresses
Sleeper sofa mechanisms are guaranteed to be defect free for the useful life of the item. All sleep sofa mattresses are guaranteed to be defect free for the useful life of the item.
Springs
Upholstery springs are guaranteed to be defect free for the useful life of the item.
Proper Care
This Warranty does not apply to defects or damage resulting from negligence, abuse or misuse, including inadequate or improper maintenance or cleaning and exposure to substances or chemicals for which the product was not designed. Indicators of abuse include heavier than normal staining, unusual wear and tear for the age of the item; failure to vacuum or rotate cushions weekly, failure to use arm caps, and excessive or repetitive stains.
How the Limited Warranty Works
If an item covered by this Warranty exhibits a defect during the warranty period, Walter E. Smithe will repair the item at no charge.
How to Obtain Service
You must contact our warranty service department within five (5) days of noticing the problem. This Warranty is not transferable. If the furniture is not maintained as required by the warranty or the Client does not cooperate with the reasonable requests of Walter E. Smithe in its efforts to perform its obligations, this Warranty becomes void.
When Calling For Service, the Client Must Have:
- The original receipt
- The original delivery date
- The date of the occurrence of the problem
Service or replacement is limited to the affected item(s) only. If a new part is installed under this Warranty, the Company is not responsible for dye lot finish or texture variations. The Company maintains the sole discretion to determine whether an item should be repaired or replaced. If a replacement selection is required, it will be done at the original place of purchase with the original designer. Replaced item(s) become the property of Walter E. Smithe.
SMITHE KOTE LEATHER PROTECTION WARRANTY
This "Furniture Protection Product Warranty" (hereinafter the "Warranty") is effective for five (5) years from the date the Client(s) shown on the original receipt (hereinafter the "Client ") takes delivery. Walter E. Smithe Furniture (hereinafter "The Company") warrants that its furniture protection products are designed to prevent stains to the component parts of furniture treated with such products subject to the terms and conditions set forth below.
Furniture Covered by this Warranty:
- New Leather Upholstered Furniture used in a residence
Warranty Covered Includes:
- Household Food and Beverage Stains
- Stains from human and pet bodily fluids
How the Limited Warranty Works
If Client 's new leather furniture treated with the protection product and covered by this Warranty becomes accidentally stained as described above during normal RESIDENTIAL use, representing a failure of the protection product, and Client cannot correct the stain or damage using The Company's stain removal products and/or procedures; The Company will, at its sole option, clean, repair or replace the affected portion, or, if required, will reupholster or replace the complete item(s) with the same or similar item(s) having a retail purchase price less than or equal to the original purchase price of the affected items(s). The Company cannot guarantee availability of the original style or cover. Pick up and redelivery are provided at no charge. Client is responsible for fabric or style upgrades as well as subsequent price increases. The Company's liability is limited to providing service equal to or less the original purchase price.
Obtaining Service:
- Client must call no later than 5 days after the stain occurred.
- Client must provide the original receipt showing Client 's purchase of the furniture protection product and the treated item(s).
- The original delivery date of the treated item(s)
- The date of the occurrence of the stain or damage
- Client must cooperate with all reasonable requests of The
Company.
The Service Process:
- Walter E. Smithe may provide free professional stain removal, repair advice and/or products to aid in the cleaning or repair of the stained or damaged area or item(s).
- If the stain or damage persists, Walter E. Smithe may arrange for a no charge in-home service by a professional technician.
- If Walter E. Smithe 's designated technician determines that stain removal or damage repairs must occur off-site, the treated item(s) will be removed and returned at no cost.
- If Walter E. Smithe 's designated technician cannot remove the stain or effect repair, Walter E. Smithe , at its sole option, may elect to replace the affected area.
- Walter E. Smithe , at its sole option, may elect to replace the treated item(s) if the affected area cannot be repaired or replaced. Client may select a new replacement item(s) equal in value to the original purchase price of the affected item(s).
- Service or replacement is limited to the affected item(s) only.
- Walter E. Smithe is not responsible for dye lot or texture variations.
- Replacement selection will be done at the original place of
purchase with the original designer. If Client cannot come to the original place of purchase, Walter E. Smithe , at its sole option, may refund a pro-rated portion of the purchase price of this Warranty. Replaced item(s) become the property of Walter E. Smithe.
SMITHE KOTE FABRIC PROTECTION WARRANTY
This "Furniture Protection Product Warranty" (hereinafter the "Warranty") is effective for five (5) years from the date the Client(s) shown on the original receipt (hereinafter the "Client ") takes delivery. Walter E. Smithe (hereinafter "The Company") warrants that its furniture protection products are designed to prevent stains to the component parts of furniture treated with such products, subject to the terms and conditions set forth below.
Furniture Covered by this Warranty:
- New Fabric Upholstered Residential Furniture treated with Smithe Kote
Warranty Covered Includes:
- Household Food and Beverage Stains
- Stains from human and pet bodily fluids
How the Limited Warranty Works:
If Client 's new furniture treated with The Company's protection product becomes accidentally stained or damaged as described above during normal RESIDENTIAL use, representing a failure of The Company's furniture protection product, and Client cannot correct the stain or damage using The Company's products and/or procedures, The Company will, at its sole option, clean, repair or replace the affected portion, or, if required, will reupholster or replace the complete item(s) with the same or similar item(s) having a retail purchase price less than or equal to the original purchase price of the affected items(s). The Company cannot guarantee availability of the original style or cover. Pick up and redelivery are provided at no charge. Client is responsible for fabric or style upgrades as well as subsequent price increases. The Company's liability is limited to providing service equal to or less than the original purchase price.
To insure the stain does not become permanently set into the fabric, the Client is responsible to call for assistance within 5 days of the occurrence of the stain. Failure to call within 5 days will limit or void this Warranty.
How to Obtain Service
Within five (5) days of the stain or damage occurring, contact client services. This Warranty is not transferable. Client is the only individual eligible for coverage. This Warranty does not cover stains or damage resulting from transit of treated items(s). If the treated item(s) is/are not maintained as required by the furniture manufacturer warranty or Client does not cooperate with the reasonable request of Walter E. Smithe in its efforts to perform its obligations, this Warranty becomes void.
When Calling For Service, the Client Must Have:
- The original receipt showing Client 's purchase of the furniture protection product and the treated item(s)
- The original delivery date of the treated item(s)
- The date of the occurrence of the stain or damage
The Service Process:
- Walter E. Smithe may provide free professional stain removal, repair advice and/or products to aid in the cleaning or repair of the stained or damaged area or item(s). Stain removal products are made available to Clients at time of delivery and may be used by the Client for stain removal.
- If the stain or damage persists, Walter E. Smithe may arrange for a no charge in-home service by a professional technician.
- If Walter E. Smithe's designated technician determines that stain removal or damage repairs must occur off-site, the treated item(s) will be removed and returned at no cost.
- If Walter E. Smithe's designated technician cannot remove the stain or effect repair, Walter E. Smithe, at its sole option, may elect to replace the affected area.
- If Walter E. Smithe elects to replace the treated item(s), the Client may select a new replacement item(s) equal in value to the original purchase price of the affected item(s). The Client must work in the original showroom of purchase with the original designer. If Client cannot come to the original place of purchase, Walter E. Smithe, at its sole option, may refund a pro-rated portion of the purchase price of this Warranty. Replaced item(s) become the property of Walter E. Smithe.
- Service or replacement is limited to the affected item(s) only.
- Walter E. Smithe is not responsible for dye lot or texture variations.
IMPORTANT EXCLUSIONS
The furniture product warranty, Smithe-Kote Leather Protection Warranty and Smithe-Kote Fabric Protection Warranty do not cover anything not specifically listed herein, in transit damage and/or stains; failure to comply with the warranty; willful abuse or misuse; stains from: dye, caustic solution, bleach, felt tip marker, tobacco products, or stains of unknown origin; chewing gum; soiling or damage from normal use, body oil, hair oil, perspiration; darkened areas where head and legs contact furniture; generalized or accumulated soiling from wear or tear, maintenance and/or everyday use; except as listed herein, odors, fading, or color loss and/or discoloration; any "X" coded and/or non-color fast fabrics; any treated item(s) sold "as-is"; used, and/or without manufacturer warranty and/or retailer's warranty; any costs or damage from repair and/or cleaning by anyone without written authorization from Walter E. Smithe; damage caused by fire, flood, or any other natural disaster, any damage by Walter E. Smithe products not used according to product instructions; all natural characteristics that cause appearance variations; failure or loosening of threads or separation of seams along seam lines; consequential or incidental damages, such as inability to match existing floor or wall coverings to replacement fabrics in case of recover, personal injury damages; lost profits, lost savings, or other economic damages; loss of use of the treated item(s); furniture in storage, utilized for commercial use, non-residential, rental or in-home day care businesses; damage from prolonged exposure to fire or heat; damage from fraud, intentional acts, war, hostilities, terrorism or vandalism, and acts of God.
IMPORTANT INFORMATION
These Warranties are not renewable or transferable and do not supersede any warranty provided by the manufacturer of the treated item(s). Walter E. Smithe's failure to exercise certain rights under these Warranties does not waive those rights. Technicians referred to in these Warranties may be independent contractors of Walter E. Smithe and may not be employees of Walter E. Smithe. Walter E. Smithe assumes no responsibility for statements or claims made by technicians, or anyone other than Walter E. Smithe employees. Walter E. Smithe assumes no liability, incidental to or in connection with, services provided by its independent contractors. Any provision contained herein which is found to be contrary to state or local laws shall be deemed null and void and that remaining provisions shall continue in full force and effect.
Valid to the original purchaser only in the continental United States, The Company reserves the right to decide the appropriate remedy under this Warranty. Items modified or altered by the consumer will be excluded. Clients living over 100 miles from a Company showroom may be required to obtain service locally, for which reimbursement will be provided if prior authorization is obtained from The Company. Client may be required to arrange for and pay for transport of the furniture to a local dealer or to our distribution center in Itasca, Illinois. Repairs made under this Warranty will be guaranteed for the length of the applicable warranty period and will be made to acceptable industry standards. A perfectly matched repair cannot be guaranteed. THE REMEDIES PROVIDED IN THIS WARRANTY ARE EXCLUSIVE AND, TO THE EXTENT ALLOWED BY APPLICABLE LAW, ARE IN LIEU OF ALL OTHER REMEDIES, WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER OBLIGATIONS AND LIABILITIES, WHETHER IN CONTRACT OR IN TORT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL WALTER E. SMITHE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES. Adjustments made under this Warranty, such as replacement furniture or the provision of repairs at discounted rates, will be adjusted for the use the Client has already enjoyed at the time the warranty claim is made.
YOUR RIGHTS
This Warranty gives you specific legal rights and you may also have other rights, which vary from state to state. Some states do not allow the exclusions and limitations on incidental and consequential damages or the limitations on implied warranties, so the above limitations may not apply to you.
Walter E. Smithe Furniture, Inc., the distributor of the warranted furniture protection product, is the entity that is financially and legally obligated to perform the service specified in this Warranty. |