LIMITED WARRANTY

McKinnon and Harris, Inc. (the “Company”), warrants to the original residential end use purchaser (“Purchaser”) and while owned by the Purchaser that (i) its wrought aluminum furniture frames (the “Products”) shall be free from defects in material and workmanship for the lifetime of the Purchaser under normal residential use and service and (ii) all other parts of the Products, including, but not limited to, frame finishes, Sunbrella® and Perennials® cushion fabrics and cushion fillings, Batyline® textiles, glides, tires, and hardware (the “Components”) shall be free from defects in material and workmanship for two (2) years from the date of shipment under normal residential use and service. This warranty does not cover damage which results from neglect, accident, intentional misuse, normal wear and tear, commercial use, acts of nature, wind, immersion in water, scratches or blemishes, chipping, stains resulting from suntan lotions, caustic chemicals, leaves, birds and the elements, unauthorized repair, alteration, abuse, or misuse of the Products or the Components.

In no event shall the warranties contained herein be applicable to the customer’s own material (“C.O.M”) or other third party materials applied to the Products or the Components. Customer assumes all risk of and releases McKinnon and Harris, Inc. from all liability for all defects, faults or flaws of any type associated with the C.O.M. McKinnon and Harris, Inc. shall not be responsible for the appearance, performance, durability, colorfastness, or any other physical attribute of C.O.M. The customer will indemnify and hold seller harmless for any damages or losses arising out of the use of C.O.M. on our furniture.

The obligation of the Company under this warranty is limited, in the sole discretion of the Company, to repair or replacement of the Product or the Component with one of similar type and quality, if, to the satisfaction of the Company and in the Company’s sole discretion, the Product or the Component as manufactured proves defective under normal use and service.

No Product or Component will be accepted by the Company for repair or replacement under this warranty without the prior written approval from the Company. Returned Products or Components are subject to shipping instructions by the Company and all costs of shipping from the Purchaser to the Company and to the Purchaser from the Company, including, but not limited to, the cost of appropriate packaging and freight charges, are the sole responsibility of the Purchaser. Freight to be prepaid by Purchaser, no C.O.D. shipments will be accepted by the Company.

TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, THE COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF THE COMPANY CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY THE COMPANY IN ITS SOLE DISCRETION. SOME STATES AND COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE OR RESPONSIBLE TO PURCHASER OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER DIRECT OR INDIRECT, AND WHETHER ARISING OUT OF BREACH OF THIS LIMITED WARRANTY, BREACH OF CONTRACT, TORT OR OTHERWISE. SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

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

No Company reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty.

For further information about this limited warranty, call 804.358.2385.