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J&K Canada hereby grants to Business Customers and Consumers the following J&K CANADA LIMITED WARRANTY on all cabinets sold by J&K Canada within Canada (the “Warranty”). This Warranty does not cover cabinets sold or shipped outside of Canada, even if they are sold by J&K Canada. This Warranty will apply once the J&K Client sells the cabinet to a Consumer or Business Customer and that cabinet is delivered to the residence of a Consumer, and the Consumer or Business Customer has paid the J&K Client in full in the amount set out in User Invoice.
In this Warranty,
1. “Business Customer” means an individual or corporation who has the cabinet for installation and use in a commercial property for use in the ordinary course of its business; 2. “Consumer” means the individual who has purchased the cabinet for personal, family or household purpose as contemplated in the applicable consumer protection legislation of the province or territory in which that individual resides;
3. “User Invoice” means the invoice issued by the J&K Client to the Consumer or Business Customer;
4. “Heavier Hang Up” means the phenomenon whereby glazing is applied to wooden cabinetry and some of the glaze is pushed into the small recesses and corners of the wood, the intent being for the glazing to accentuate the wood’s contours;
5. “J&K Canada” means the corporation who sold one or more cabinets to the J&K Client as set out in the J&K Invoice;
6. “J&K Client” means the builder, contractor, wholesaler, dealer, distributor, agent or other building professional who purchased the cabinet from J&K Canada and solid it to the Consumer or Business Customer;
7. “J&K Invoice” means the invoice issued by the J&K Canada to the J&K Client showing the proper legal name of the corporation who sold the cabinet(s), which corporation has the right to conduct business under the name “J&K Cabinetry”, and which corporation is intended to be liable under this Warranty;
8. “Term” means the Five Year Term (as defined below) or One Year Term (as defined below) as the context so requires.
Provided that this Warranty applies, this paragraph will be in force for a period of five (5) years which will be deemed to commence from the date in the User Invoice (the “Five Year Term”). For the Five Year Term, J&K Canada warrants that:
1. Defects: The cabinet will be free from all unnatural defects in material and workmanship in accordance with J&K Canada’s quality standards sheet provided that the Consumer subjects the cabinet to normal residential use, or the Business Customer subjects the cabinet to standard commercial use in the ordinary course. However, this paragraph shall not apply to the door hinges on the cabinets and all drawers glide system, including system hardware (lift system).
2. Building Code: The cabinet will conform to the requirements of the regulations and statute that comprise the building code applicable to all buildings and structures in the province or territory in which: a) the Consumer resides; b) or the Business Customer’s office containing the cabinet is located, such as, by way of example, the Building Code Act (Ontario) and the regulations promulgated thereunder (the “Building Code”). However, this paragraph shall only apply with the respect to the Building Code as it exists at the time the cabinet is purchased by the J&K Client. J&K Canada shall have no liability under this paragraph as a result of any amendments to the Building Code which occur during the Five Year Term.
3. Sale of Goods: Any cabinet sold by J&K Canada will conform to any statutory warranties applicable under the provincial or territorial sale of goods legislation in which: a) the Consumer resides; b) or the Business Customer’s office containing the cabinet is located, such as by way of example, the Sale of Goods Act (Ontario). However, 9 J&K CANADA LIMITED WARRANTY this paragraph shall only apply with the respect to the legislation as it exists at the time the cabinet is purchased by the J&K Client. J&K Canada shall have no liability under this paragraph as a result of any amendments to the relevant statute which occurs during the Five Year Term.
Provided that this Warranty applies, this paragraph will be in force for a period of one (1) year which will be deemed to commence from the date in the User Invoice (the “One Year Term”). For the One Year Term, J&K Canada warrants that the door hinges on the cabinets and all drawers glide system, including system hardware (lift system) on a cabinet sold to a Consumer or Business Customer will be free from all unnatural defects in material and workmanship in accordance with J&K Canada’s quality standards sheet provided that the Consumer subjects those parts of the cabinet to normal residential use, or the Business Customer subjects those parts to standard commercial use in the ordinary course.
This Warranty is subject to the following limitations, exclusions, disclaimers, and procedures:
1. Improper Handling, etc.: The warranty does not cover defects caused by improper handling, storage, dirt, chemicals, abrasive or citrus cleaning products, installation, assembly or disassembly, transit or other intentional or negligent damage, product modifications, exposure to the extreme moisture, humidity or excessive heat or cold (temperature outside the range of 10° Celsius, or 50° Fahrenheit, to 29.4° Celsius, or 85° Fahrenheit, and relative humidity outside the range of 30% to 55% are considered extreme), nor does it cover defects arising from normal wear and tear, misuse, neglect, accidents, alterations, improper use, exposure to improper loads, or failure to maintain properly.
2. Modification: Any modification to the hardware structure or finish of the original Consumer purchaser’s cabinetry, or Business Customer’s cabinetry, by anyone other than those specifically authorized by J&K Canada to do so shall void this Warranty. The cabinet must be used exclusively for its intended purpose in order to be covered by this Warranty. This Warranty shall become void if the cabinets or any components or parts thereof are in any way modified, improperly installed or damaged prior to or during installation, or installed or used in other than normal residential applications.
3. Wood Variations: Natural woods may vary in color, grain pattern, and characteristics and exhibit subtle changes as they age. Wood characteristics that naturally occur, such as variations in color, grain, mineral streaks and knots, are not considered defects. J&K Canada will not be held responsible for these variations in the Consumer’s cabinetry or the Business Customer’s cabinetry. For example, painted doors, drawer fronts, and face frames may eventually have visible cracking around the joint area, and cabinet colors may darken or lighten over time. These conditions are considered a normal occurrence and are not included or covered by this Warranty. A glazed finish by character is an uneven finish. Some edges and profiles for glazed cabinets will have Heavier Hang Up than others and glazing may vary cabinet to cabinet, door to drawer and item to item. This may result in overall color variations but is not considered a defect. Ultraviolet light, sunlight, smoke, household cleaners, and other environmental conditions may also affect the color and integrity of the cabinet’s finish or appearance over time. These variations are considered to be the nature of the material in relation to their environmental exposure and are not considered defects in material or workmanship and are not covered under this Warranty.
4. Door Joint Gaps and Cracks: Mitered door joints are likely to react to conditions of their environment. Gaps that may develop in door joints due to conditions of their environment are not included or covered by this Warranty. Additionally, this Warranty does not cover or apply to hairline cracks of cabinetry; hairline cracks are unavoidable in wood cabinets given the nature of the material. Every species and grade of solid wood behaves in such a 10 11 way as to eventually result in hairline cracks.
5. Warping Doors: The Consumer or Business Customer acknowledges that it is common for wood to undergo seasonal expansion and contraction as it compensates and adjusts to ever changing atmospheric humidity and temperature conditions. It is very common to observe shrink or expansion on center panels of doors in cabinets. Additionally, it is reasonable to expect that such doors will return to their natural position within a few months once they have adjusted to seasonal changes. For this reason, this Warranty excludes all warpage on doors less than or equal to one quarter inch (¼”). The Consumer or Business Customer is required to remove all doors and check them on a flat surface for the above stated warpage before requesting replacement.
J&K Canada periodically updates and makes changes to its product line of cabinets along with any required specifications. If a claim is filed under this Warranty during the Term against an obsolete or changed part of a cabinet and repair is not possible, J&K Canada may, at its sole discretion, repair or replace the part with a new part of the same style or with a similar style currently offered and does not include or cover any other costs, including but not limited to any costs of service, labor, shipment, transportation, removal or installation related to the repair or replacement. J&K Canada is not responsible for a replacement product that may not match the installed product exactly. If a manufacturing defect is found that falls within the scope of this Warranty, and J&K Canada decides to replace the defective cabinet or component or part thereof, J&K Canada will ship the replacement cabinet or component or part thereof to the Consumer or Business Customer via ground shipper or freight carrier, at J&K Canada’s sole discretion.
1. Sole Remedy: This Warranty is the complete, exclusive and sole remedy for any Consumer or Business Customer using a cabinet supplied by J&K Canada alleging a breach of warranty. Where so permitted by Canadian federal law, or the laws of the Canadian province or territory in which: a) the Consumer resides; b) or the Business Customer’s office containing the cabinet is located, this Warranty is in lieu of any and all other express and/ or statutory warranties, to the extent provided by law.
2. Limited Liability: IN NO EVENT SHALL J&K CANADA BE LIABLE TO ANY CONSUMER OR BUSINESS CUSTOMER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES TO ANY CONSUMER OR THIRD PARTY, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM PERSONAL INJURY, LOST PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF PROPERTY, ECONOMIC LOSS, STATUTORY OR EXEMPLARY DAMAGES, WHETHER FROM NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHERWISE. ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE, AND ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED AND DISCLAIMED, EXCEPTING ONLY THOSE EXPRESSLY AND SPECIFICALLY SET FORTH IN THIS WARRANTY. IN NO EVENT SHALL J&K CANADA BE LIABLE FOR ANY INDIRECT DAMAGES RESULTING FROM INSTALLATION, USE OR FAILURE OF ITS PRODUCTS. In addition to the above, and without in any way limiting the generality of the foregoing, J&K Canada’s liability under this Warranty SHALL NOT exceed any more than ONE POINT TWO FIVE TIMES (1.25 x) THE VALUE of the cabinet as set out in the J&K Invoice.
3. User Benefit: It is understood and agreed that this Warranty is intended for the benefit of the Consumer or Business Customer. Under no circumstances may a J&K Client make a claim under this Warranty in the absence of a request from the Consumer or Business Customer in accordance with the claims process set out in this Warranty. Additionally, THIS WARRANTY IS J&K CANADA’S SOLE WARRANTY, AND NO J&K CLIENT POSSESSES ANY AUTHORITY WHATSOEVER TO MODIFY OR ENLARGE THIS WARRANTY IN ANYWAY.
To file a claim under this Warranty, the Consumer or Business Customer is required to contact the J&K Client who arranged the purchase of the product from J&K Canada. Once the J&K Client receives a written request from J&K CANADA LIMITED WARRANTY 12 the Consumer or Business Customer, the J&K Client shall submit a claim on behalf of the Consumer in accordance with any processes established by J&K Canada. To complete the claim, the J&K Client shall submit to J&K Canada: 1. A written explanation of the defect forming the basis of the claim; 2. The J&K Invoice applicable to the claim; 3. The User Invoice applicable to the claim; 4. Proof of payment by the Consumer or Business Customer to the J&K Client for the cabinet, as determined by J&K Canada in its reasonably exercised discretion. (“Warranty Documents”) J&K Canada reserves the right to require: i) pictures of cabinets or components or parts thereof as J&K Canada deems necessary; and/or ii) an inspection of the allegedly defective cabinet before repairing or replacing. In collecting, using and disclosing any personal information about the Consumer or from a Business Customer, J&K Canada will comply with the requirements of the Personal Information Protection and Electronic Documents Act (Canada) and any applicable provincial or territorial legislation governing privacy. In the event that the J&K Client is unable to submit the claim due to bankruptcy, insolvency or general assignment for the benefit of creditors, the Consumer or Business Customer may submit a claim directly to J&K Canada provided that the Consumer or Business Customer complies with the provisions in this Warranty and submits the Warranty Documents (save and except for the J&K Invoice, which will be supplied by J&K Canada). J&K Canada reserves the right to make all final decisions regarding any claims under this Warranty. Please do not send the allegedly defective cabinet or component or part thereof to J&K Canada, unless and until expressly requested to do so by our claims department. Please be advised that J&K Canada will not hesitate to report any fraudulent claims to the appropriate governmental authorities.
This Warranty shall be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and shall be treated in all respects as an Ontario contract without regard to conflict of law principals of the law of another jurisdiction. The parties hereto hereby agree to expressly and strictly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, and the application of the International Sales Convention Act (Ontario). All disputes, controversies, claims arising out of, or in connection with, or in relation to this Warranty, including any question regarding its validity, existence, or termination shall be submitted to and subject to the jurisdiction of the courts of the Province of Ontario (including the Supreme Court of Canada) which shall have exclusive jurisdiction in the event of any dispute hereunder. The parties hereby irrevocably submit and attorn to the exclusive jurisdiction of such courts to finally adjudicate and determine any suit, action, or proceeding, arising out of or in connection with this Warranty.
This Warranty is in force as of and from January 1, 2019.