1) Product Limited Warranty
Dylan Innovations, an Arizona limited liability company (“Dylan Innovations”) warrants to the original end user purchaser (”Authorized Dealer”) of each new product manufactured by Dylan Innovations (“Product”) will be free, in all material respects, of defects in materials and workmanship under normal use (“Limited Warranty”). This Limited Warranty is non-transferable and sets forth Dylan Innovations’s sole and exclusive liability, and the sole and exclusive remedies available in relation to any non-conformity, defect or similar claim.
2) Limited Warranty Term
The term of this Limited Warranty runs from the date that the Authorized Dealer purchases Dylan Innovations Product as shown by an invoice or sales receipt for the Product for a period as follows: (the “Warranty Period”). The length of this Warranty Period is based on the particular product or product family listed below.
TV Brackets, for a period of five years
Racks, for a period of five years
Indoor Speakers, for a period of ten years
Outdoor Speakers, for a period of three years
Cables, for a period of five years
AV Equipment, for a period of two years
Security, for a period of two years
Plastics, for a period of five years
Authorized Dealer must retain the appropriate documentation as proof of the purchase date.
3) Exclusions not Covered by this Limited Warranty
This Limited Warranty does not cover, and Dylan Innovations is not responsible for, any of the following:
Damage, malfunction, or inoperability of Dylan Innovations Product caused by:
Shippers or delivery services, or due to Authorized Dealer improperly opening Dylan Innovations Product packaging;
Acts of God, including, but not limited to, pandemic, electrical surges, flood, fire, earthquake, lightning, or any other external cause;
Any act beyond Dylan Innovations’ direct control, including, but not limited to, unauthorized repair or installation by Authorized Dealer or 3rd party, misuse, neglect, accident, abuse, use of incompatible accessories and/or devices, improper installation, or any other reason besides a defect in material or workmanship;
Use of incorrect fuses, voltage lines, circuit breakers, or failure to provide adequate, continuous, and compatible power to Dylan Innovations Product, if applicable;
Normal wear and tear, or failure to install, repair or maintain, Dylan Innovations Product and the applicable provisions of law for the jurisdiction where Dylan Innovations Product is being installed;
Any product or part that has been modified to alter functionality or capability without the express written permission of Dylan Innovations; and
Batteries and consumable parts (if any), unless damage occurred due to a defect in materials or workmanship in Dylan Innovations Product.
Cosmetic damage, including, but not limited to, normal wear and tear, markings on the product, dents and/or scratches;
Any Dylan Innovations Product in which the serial number has been altered, defaced or removed;
Any damage, malfunction, or inoperability arising from installation, programming or maintenance performed by an independent contractor.
Any on-site labor costs incurred by Authorized Dealer for the diagnosis, repair, removal, reinstallation, and/or reprogramming of Dylan Innovations Product; and
The cost of repairing or replacing, or compensation for, any property that is damaged when a Dylan Innovations Product does not work properly, even if the damage was caused by a Dylan Innovations Product (see Section 8(B) for additional details about this exclusion.)
4) Additional Warranty Limitations
Dylan Innovations DOES NOT WARRANT THAT OPERATION OF DYLAN INNOVATIONS PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED. Authorized Dealer ACKNOWLEDGES THAT DYLAN INNOVATIONS DOES NOT CONTROL AUTHORIZED DEALEr’S EQUIPMENT OR THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET. Dylan Innovations and its affiliates are not responsible for any limitation, interruptions, delays, cancellations, delivery failures, data loss, content corruption, packet loss or other damage inherent in the use of any communications equipment, if applicable. Dylan Innovations does not warrant Dylan Innovations Product to be immune from intrusion. Authorized Dealer uses all applicable product information, services, and Dylan Innovations Product at Authorized Dealer’s discretion and risk. Authorized Dealer will be solely responsible for any and all loss, liability, or damages, including Authorized Dealer’s appliances, plumbing, electrical
wiring, wired or wireless networks, home, computers, mobile devices, and all other items in Authorized Dealer’s residence or commercial property, resulting from Authorized Dealer’s use of Dylan Innovations Products, product information, or services, even if the damage was caused by Dylan Innovations Product (you can see Section 7 for additional details).
5) Unintended Use Disclaimer
Dylan Innovations Products are not intended or licensed for, and Dylan Innovations disclaims liability, specifically for use of Dylan Innovations products in critical control, fail-safe activity, hazardous, high risk, such as in the operation of medical equipment, weapons systems, operation of direct life-support machines, or any other uses in which failure of Dylan Innovations product could lead to death, personal injury or significant environmental or physical damage.
6) Obtaining Warranty Service
In order to obtain warranty service, Authorized Dealer must submit a valid claim to Dylan Innovations. To submit a valid claim, a Authorized Dealer must complete all requirements as set forth below (together, a “Valid Claim”):
- If you purchased the product directly from Dylan Innovations, contact Dylan Innovations’ customer service Department to receive a Warranty Return Number (WRN). The Valid Claim should describe the location of Dylan Innovations Product, Part and/or Serial Number, quantity of each item being returned, and nature of the non-conformity.
- Claim must include proof of the Authorized Dealer’s purchase date and invoice number;
- Confirm that the Product is within the Warranty Period, and
- Must be submitted within thirty (30) days of discovery of the non-conformity;
- Obtain a Warranty Return Number (“WRN”) from Dylan Innovations; and
- Securely pack and ship the defective Dylan Innovations Product with the WRN number (with Authorized Dealer assuming all costs and risks associated with transportation)
Product must be received within thirty (30) days from the date the WRN was issued (WRN numbers may be canceled if Dylan Innovations Product is not received within the thirty (30) day period), and
The WRN number must be clearly marked on the outside of each box or package being returned.
Any shipment that does not meet all of the Valid Claim requirements may be refused by Dylan Innovations. Dylan Innovations is not responsible for any refused shipments or any damage caused due to shipping, whether or not it was a Valid Claim. Authorized Dealer shall be responsible for return shipment charges for Dylan Innovations Product returned where Dylan Innovations determines there is no defect with Dylan Innovations Product, or that Dylan Innovations Product is not eligible for warranty service under this Limited Warranty. Compliance with these requirements is a condition to coverage under this Limited Warranty.
Upon receipt of a Valid Claim, Dylan Innovations will, at its sole discretion and to the extent permitted by law, either:
i) Repair the Product defect, at no charge, using new or refurbished replacement parts;
ii) Exchange the applicable Dylan Innovations Product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to Dylan Innovations Product, or;
iii) Credit to be applied to Authorized Dealer’s Dylan Innovations Account at Dylan Innovations Product purchase price paid by Authorized Dealer.
Repaired or replaced Product sent to Authorized Dealer prepaid by Dylan Innovations and will be shipped via ground transportation
A replacement product or part that has been provided by Dylan Innovations assumes the remaining Warranty Period (in addition to the period from the date Dylan Innovations Product is shipped for warranty service until the return date when Dylan Innovations Product is received by the Authorized Dealer after undergoing warranty service) of the original Product or 60 days from the date of replacement or repair, whichever provides longer coverage to Authorized Dealer. When a product or part is exchanged, any replacement item becomes the Authorized Dealer’s property, and the replaced item becomes Dylan Innovations’ property. When a refund is given, Dylan Innovations Product for which the refund is provided must be returned to Dylan Innovations, and it becomes the property of Dylan Innovations.
Dylan Innovations does not issue advance replacements for defective equipment, except as otherwise consented to in writing.
7) Warranty Disclaimer
Upon expiration of this Limited Warranty, Dylan Innovations disclaims and will not be responsible for any other warranty, including express and implied warranties. This means that to the extent allowed by law, commencing on the applicable Dylan Innovations Limited Warranty Expiration Date, all Dylan Innovations Products are provided on an “AS IS” basis.
Any implied Warranty for a Dylan Innovations Product that exists by operation of the law and cannot be disclaimed, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third-party rights, quiet enjoyment, quality of service or results, availability, accuracy and satisfactory quality, is limited in duration to the term of the Product Warranty Period for that Dylan Innovations Product. Dylan Innovations disclaims all warranties and conditions with respect to Dylan Innovations Products, whether implied, express or statutory, including the implied Warranties of Merchantability, Fitness for a particular purpose, Title, Non-infringement of third-party rights, quiet enjoyment, quality service or results, availability, satisfactory quality, accuracy and any warranties arising from any course of dealing, course of performance, usage or trade practice in connection with such products and services, if applicable. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
(a) Limitation of Authorized Dealer Remedies
In no event will Dylan Innovations be liable to Authorized Dealer or any third-party for any:
SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO A BREACH OF THIS LIMITED WARRANTY, OR AUTHORIZED DEALER OPERATION OR USE OF DYLAN INNOVATIONS PRODUCTS THROUGH AUTHORIZED DEALER’S ACCOUNT OR BY ANYONE ELSE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF DATA, CONTENT OR PROGRAMMING, COSTS OF REPLACEMENT OR SUBSTITUTE PRODUCTS, LOSS OF REVENUE OR PROFITS, BUSINESS INTERRUPTION, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO GOODWILL OR REPUTATION, DAMAGE TO EQUIPMENT, AND CLAIMS AGAINST AUTHORIZED DEALER BY ANY THIRD PERSON, EVEN IF SNAP ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
Damages (regardless of their nature) for any failure or delay by Dylan Innovations to perform or fulfill its obligations under this Limited Warranty due to any cause beyond Dylan Innovations’ reasonable control;
CLAIMS MADE A SUBJECT OF A LEGAL PROCEEDING AGAINST Dylan Innovations MORE THAN ONE YEAR AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE.
(b) Limitation of Dylan Innovations’ Liability
NOTWITHSTANDING ANY OTHER PROVISION OF THIS LIMITED WARRANTY, DYLAN INNOVATIONS’ AND ITS SUPPLIERS’ LIABILITIES, IF APPLICABLE UNDER THIS LIMITED WARRANTY TO AUTHORIZED DEALER OR TO THIRD PARTIES, WHETHER UNDER CONTRACT LAW, TORT LAW, WARRANTY, OR OTHERWISE, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE AMOUNTS ACTUALLY RECEIVED BY DYLAN INNOVATIONS FOR THE APPLICABLE DYLAN INNOVATIONS PRODUCTS GIVING RISE TO THE CLAIM.
Authorized Dealer understands that these limitations of Dylan Innovations’ and its Suppliers’ (if applicable) Liability, are a fundamental part of this Limited Warranty. In addition, this provision is not intended to limit Dylan Innovations’ liability in the event of Dylan Innovations’ willful or intentional misconduct. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to every Authorized Dealer.
9) Legal Procedures
To the extent permitted by law, this Limited Warranty will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Arizona, without reference to its conflict of laws rules. Authorized Dealer AND Dylan Innovations AGREE THAT ANY DISPUTES BETWEEN THEM MAY BE HEARD ONLY IN THE STATE OR FEDERAL COURTS IN THE STATE OF ARIZONA, AND AUTHORIZED DEALER CONSENTS TO THE EXCLUSIVE GENERAL JURISDICTION OF THE STATE AND FEDERAL COURTS OF ARIZONA, AND HEREBY WAIVES ANY OBJECTION TO SUCH VENUES. If any provision of this Limited Warranty is found to be invalid or unenforceable, then the remainder shall have full force and effect, and the invalid provision shall be enforced to the maximum extent permitted by law to effectuate the purposes of this Limited Warranty. Any of the provisions of this Limited Warranty may be waived by the party entitled to the benefit thereof.
10) Modifications to this Limited Warranty
No Dealer, Sales Person or Vendor is authorized by Dylan Innovations to modify this Limited Warranty or to make any Warranty, promise or representation on behalf of Dylan Innovations which is different from, in addition or inconsistent with the warranties, promises and/or representations set forth in the Limited Warranty Policy.
11) Specific Jurisdictional Exceptions
This Limited Warranty gives you specific legal rights, and you may also have other specific legal rights which vary from state to state.
12) Request Warranty Return Number (WRN)
To request a Warranty Return Number (WRN), Authorized Dealer must contact:
Email: returns@dylaninnovations.com
Phone: 480-540-2022