Limited Warranty
THIS LIMITED WARRANTY (“LIMITED WARRANTY”) GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. TIMBERVIEW MILLWORKS WARRANTS THAT DURING THE WARRANTY PERIOD (DEFINED BELOW), THE PRODUCT PURCHASED DIRECTLY FROM TIMBERVIEW MILLWORKS WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. TIMBERVIEW MILLWORKS LIMITS THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TIMBERVIEW MILLWORKS’S RESPONSIBILITY FOR A DEFECTIVE PRODUCT IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN LIMITED WARRANTY. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY TIMBERVIEW MILLWORKS OR ANY OF ITS SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
1. Products Covered by this Warranty. This Limited Warranty extends to products purchased directly from Beacon Innovation Solutions LLC dba Timberview Millworks, an Ohio limited liability company (“Timberview Millworks”), and located in the contiguous United States (not including Alaska, Hawaii, and the US territories) (the “Product”).
2. Who May Use This Warranty? This Limited Warranty extends only to the original purchaser of the Product who is located in the contiguous United States and the District of Columbia (not including Alaska, Hawaii, and the US territories). It does not extend to any subsequent or other owner or transferee of the Product.
3. What Does This Warranty Cover? This Limited Warranty warrants against defects in material and workmanship, for the Warranty Period (defined below) when the Product is used normally for its intended purposes in the home.
4. What Does This Warranty Not Cover? This Limited Warranty does not cover any shipping and handling fees associated with returning or replacing defective Product. In addition, this Limited Warranty does not cover any damages due to:
1. (a) transportation;
2. (b) storage;
3. (c) improper use;
4. (d) use of the Product in hotels or commercial institutions;
5. (e) use of the Product for commercial purposes (e.g. use of the Product in a personal residence but such personal residence is used for the operation of short-term rental business such as Airbnb or VRBO); (f) failure to follow care instructions or to perform any preventive maintenance;
6. (g) modifications;
7. (h) negligence in installation;
8. (i) combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Timberview Millworks;
9. (j) unauthorized repair;
10. (k) normal wear and tear;
11. (l) external causes such as accidents, abuse, or other actions or events beyond
Timberview Millworks’ reasonable control; (l) Non-defective pieces of the set; (m) Product sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, “floor model” or any other similar wording indicating that the Product is not “new” or of “first quality”, or has previously been purchased or used by another consumer or for display purposes;
1. (n) Unsanitary conditions, soiling, or staining; and/or
2. (o) Fading or discoloration caused by the sun or other light source.
5. What is the Period of Coverage? This Limited Warranty starts on the date of your purchase and lasts one (1) year thereafter (the “Warranty Period”). The Warranty Period is not extended if Timberview Millworks or its designee repairs or replaces warranted Product. Timberview Millworks may change the availability of this Limited Warranty at its discretion, but any changes will not be retroactive.
6. What Are Your Remedies Under This Warranty? (a) With respect to any defective Product during the Warranty Period, Timberview Millworks will, in its sole discretion, either: (i) repair or replace such defective Product (or the defective part) free of charge; or (ii) refund the Prorated Purchase Price (defined below) of such Product as calculated in Section 6(b). Timberview Millworks will not pay for shipping and handling fees to return the repaired or replacement Product. (b) In the event that Timberview Millworks elects to issue a refund for such defective Product, Timberview Millworks will refund you the “Prorated Purchase Price” of such defective Product which is calculated as follows: (Purchase Price) x (# of Years Owned) ÷ (Warranty Period).
7. How Do You Obtain Warranty Service? To obtain warranty service, you must email Timberview Millworks at hello@timberviewmillworks.com during the Warranty Period and provide all of the following items:
Proof of purchase/Original purchaser;
Order number;
Your name, email address, physical address at which the Product is located, and daytime telephone number;
Photographic evidence of defects; and
Photographic evidence of attached tags, labels, and model numbers. Upon receiving the foregoing information from you, Timberview Millworks may take up to seven business days to review and process your claim. Timberview Millworks will not charge purchaser to repair or replace purchaser’s Product if it is deemed defective. No new warranty is provided with a replacement Product. The warranty for the replacement Product runs from the date of original purchase of the replaced Product. In connection with the replacement of a product in compliance with the terms of this Limited Warranty, if a purchaser elects to upgrade to a more expensive product, it may do so by paying the difference between the cost of the original product being replaced and the cost of the upgraded product plus the cost of any related additional Product pieces not being replaced as part of the warranty exchange. In the event of an upgrade as described in this paragraph, a new warranty will be provided for the upgraded pieces only.
8. LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND TIMBERVIEW MILLWORKS ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. TIMBERVIEW MILLWORKS LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR WILL TIMBERVIEW MILLWORKS UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Arbitration. In the event a dispute arises between you and Timberview Millworks arising out of this Limited Warranty, such dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). More information about the AAA is located at www.adr.org, or you can call the AAA at 1-800-778-7879. You must seek arbitration for disputes arising out of this Limited Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act. If you choose to pursue any rights and remedies that are not created by Title I of the Magnuson Moss Warranty Act, then arbitration is not required, unless otherwise provided in the Terms of Service. Arbitration will take place in Cuyahoga County, Ohio. The arbitration will not be combined with any other proceeding or arbitration against one of the parties. Each party will designate one arbitrator and the two designated arbitrators will select a third arbitrator, who will serve as the chair of the arbitration panel. If the two arbitrators cannot agree on the third arbitrator, then the AAA will appoint the third arbitrator. Barring extraordinary circumstances, the arbitrators will issue their decision within 120 days from the date the third arbitrator is selected by the two designated arbitrators or appointed by the AAA. The arbitrators may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrators’ award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. A dissenting decision will also be set forth in writing. The arbitrators’ award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.
10. Governing Law. This Limited Warranty will be governed by the laws of the State of Ohio.
11. Warrantor.
Beacon Innovation Solutions LLC dba Timberview Millworks
PO Box 241072
Cleveland, OH 44124
