Free Legal Contract Warranty Agreement Template
Legal Contract Warranty Agreement
This Warranty Agreement ("Agreement") is made and entered into as of [Date] by and between [Your Company Name], a corporation duly organized and existing under the laws of the State of [State], with its principal place of business located at [Your Company Address], hereinafter referred to as "the Manufacturer", and [Name], a limited liability company duly organized and existing under the laws of the State of [State], with its principal place of business located at [Address], hereinafter referred to as "the Retailer".
WHEREAS, the Manufacturer produces [Product Name], which it supplies to the Retailer for sale to the end consumer;
WHEREAS, the Manufacturer wishes to provide a warranty for [Product Name] sold by the Retailer to ensure customer satisfaction and to address any defects in materials or workmanship;
WHEREAS, the Retailer agrees to facilitate the warranty service for the end consumer on behalf of the Manufacturer;
NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Manufacturer and the Retailer (collectively, "the Parties") agree to the warranty terms as set forth in this Agreement.
I. Definition of Terms
A. "Product" refers to [Product Name], manufactured by the Manufacturer and sold by the Retailer.
B. "Warranty Period" means 24 months from the date of purchase by the end consumer.
C. "Defects" are flaws in materials or workmanship that impair the intended use of the Product.
D. "Consumer" is the end user who purchases the Product for personal use and not for resale.
E. "Repair" is the action taken by the Manufacturer to correct any Defects in the Product.
F. "Replacement" involves providing a new or refurbished Product in place of one that is Defective.
II. Scope of Warranty
A. This Warranty applies to the Product sold by the Retailer within the United States.
B. The Warranty Period commences on the date of purchase by the Consumer and extends for 24 months.
C. The Warranty is limited to the original Consumer and is not transferable.
III. Warranty Coverage
A. The Manufacturer warrants the Product against Defects in materials and workmanship under normal use and service for the Warranty Period.
B. During the Warranty Period, the Manufacturer will, at its option, Repair or Replace any part of the Product that proves to be Defective due to improper materials or workmanship, at no cost to the Consumer, excluding shipping charges.
C. This Warranty does not cover damages resulting from accidents, misuse, abuse, unauthorized modifications, or external causes such as acts of nature.
D. The Warranty does not cover normal wear and tear, consumables, or cosmetic damage.
IV. Warranty Exclusions
A. This Warranty does not cover any defect, malfunction, or failure that occurs as a result of: installation or use not in accordance with the Manufacturer's instructions or specifications, or abuse, misuse, accident, or negligence.
B. Damage resulting from natural disasters, such as floods, fire, and earthquakes, or from theft or loss of the Product is not covered.
C. The Warranty is void if the Product has been modified, altered, or repaired by anyone other than the Manufacturer or its authorized service agents.
V. Claim Procedure
A. To make a warranty claim, the Consumer must contact the Retailer from whom the Product was purchased, within the Warranty Period, providing a detailed description of the issue and proof of purchase.
B. The Retailer will then instruct the Consumer on how to return the defective Product for inspection. The Consumer is responsible for shipping costs to the service center designated by the Manufacturer.
C. Upon receipt of the Product, the Manufacturer will conduct an inspection to verify the defect. If the defect is confirmed and covered by this Warranty, the Manufacturer will proceed with the remedy actions.
VI. Remedies
A. If a defect is verified and falls under Warranty coverage, the Manufacturer, at its sole discretion, will either Repair or Replace the Product without charge to the Consumer.
B. Replacement Products may be new or refurbished, at the Manufacturer's discretion, and will be covered by the Warranty for the remainder of the original Warranty Period or 90 days from the date of replacement or repair, whichever provides longer coverage for the Consumer.
C. If the Product is repaired, all replaced parts become the property of the Manufacturer.
D. These remedies are the Consumer's sole and exclusive remedies for any breach of warranty.
VII. Limitation of Liability
A. The Manufacturer shall not be liable for any incidental, special, or consequential damages of any nature, including but not limited to lost profits, lost savings, or other damages arising out of the use or inability to use the Product.
B. The Manufacturer's liability under this Warranty, if any, shall in no event exceed the purchase price of the Product warranted.
VIII. Transferability
This Warranty is limited to the original Consumer and is not transferable to any subsequent owner.
IX. Governing Law
A. This Warranty Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.
B. Any disputes arising out of or in connection with this Warranty Agreement shall be resolved in the courts of the State of [State], and the parties hereby consent to the jurisdiction of such courts.
X. Dispute Resolution
A. In the event of a dispute arising under this Warranty Agreement, the parties agree to first attempt to resolve the dispute through good faith negotiation.
B. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to binding arbitration, to be conducted in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on the parties.
XI. Amendments and Waivers
A. No amendment, modification, or waiver of any provision of this Warranty Agreement shall be effective unless in writing and signed by both parties.
B. The waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach.
XII. Notices
A. Any notice or other communication required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally, sent by certified or registered mail, return receipt requested, or by email to the addresses specified below or to such other address as either party may specify in writing.
B. Notices to the Manufacturer shall be sent to [Your Company Address], [Your Company Email].
C. Notices to the Retailer shall be sent to [Address], [Email].
XIII. Miscellaneous Provisions
A. This Warranty Agreement contains the entire understanding between the parties and supersedes all prior and contemporaneous agreements and understandings, oral or written, relating to its subject matter.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions will not be affected or impaired.
C. This Agreement may not be assigned by either party without the prior written consent of the other party.
Signatures
This Warranty Agreement is entered into and becomes effective as of the date first written above.
Manufacturer
[Signature]
[Your Name]
[Title]
[Date]
Retailer
[Signature]
[Name]
[Title]
[Date]
