EverClear CM-11 Commercial Smoke Eater

Extended Warranty Policy

This Extended Warranty Policy (the “Extended Warranty”) is not a Contract of Insurance or a warranty subject to the Federal Magnusson-Moss Act. The Elegant Bar , own and operated by Cloud F1 LLC & EIN# 81-0796453 ( “We”, “ Us”, “Our”, “Seller”) offering One(1) and Two (2) years Extended Warranty Plan (the “Plan”) to our Customer ( “You”, “Your”, “They”). This Extended Warranty is inclusive of the manufacturer’s warranty and does not replace the manufacturer’s warranty. Upon expiry of the manufacturer warranty, the Customer has the option to purchase our Extended Warranty Plan through us.

Subject to this Extended Warranty Policy “Covered Product” shall means only the product(s) with respect to which you purchased our offered Plan, as listed on your sales invoice or receipt from us and “Coverage” shall mean the service you get through the whole term of the Plan you purchased.

By enrolling in any of our Plan you agree to be bound by the terms and conditions set forth herein. Please read the following Terms and Conditions of this Extended Warranty Policy carefully, as it describes the protection you will receive in return for your payment of the purchase price of our Plan and it contains a Dispute Resolution/Arbitration Agreement and Class Action Waiver. If you do not agree with these Terms, you should not enroll in or should immediately cancel your Plan.

Terms

The term of your purchased Plan will start from the date of expiry of the Manufacturer Warranty. And will be valid until the coverage end date or until canceled by either you or us.

Territories

The Agreement territory is limited to the geographic area of the United States of America, including the District of Columbia, only. Our Business is registered in Michigan. We do not have any locations outside of Michigan but we sell our products to all 50 states and extended warranty is only for 48 continental state customers.

What Is Covered

All parts and services covered by the manufacturer’s original warranty will be covered under this Extended Warranty and this Extended Warranty Plan covers Repair Services including parts and labor costs through the Terms of this Extended Warranty. Within the Term of Extend Warranty Plan, if a product(s) is malfunctioning, we will provide technical assistance through telephone or email to attempt to make the product operational. If it is determined that the Covered Product requires repair, we will request you to ship/return the Covered Product to us, upon recipient of the Product we will repair and return it to you with free of charge within Seven (7) business days from receiving the Covered Product, unless the parts takes longer to ship to our facility due to unforeseen reason We will repair due to a mechanical or electrical breakdown, including those experienced during normal wear and tear.. If required we will provide required parts at our sole option with those of similar quality and features, as determined by us, and may be new or remanufactured.

Replacement

The Covered Product may be replaced as determined by Us with a product of similar quality and features, If (a) the Covered Product cannot be repaired; (b) the cost of the repair exceeds the original purchase price; (c) parts are no longer available or are discontinued by the manufacturer,

We may have the option at our sole discretion, to replace Your Product with a product of like kind and quality or cash settlement, based on the price of a replacement product of similar features and functionality, not exceeding the original retail cost of the Product. We also have the option to ship a replacement product to your home, with instructions and a pre-paid mailing label for you to deliver your original Product to Us. Replacement of Your Product, or issuance of a cash settlement will fulfill this Extended Warranty Plan in its entirety and will cancel and discharge all further obligations under this Extended Warranty Plan, where allowed by law. You may be required to return the original Product to Us prior to the issuance of a product of like kind and quality, cash settlement.

What Is Not Covered

Anything not originally covered by a manufacturer’s warranty Plan and the following are not covered under this Extended Warranty

• Cleaning; Periodic checkups; preventive maintenance.
• Part or repairs due to normal wear and tear unless tied to a breakdown and items normally designed to be periodically replaced by you during the life of the product
• Any product used in a commercial setting or rental basis;
• Failures that occur outside of the 48 Continental states of the United States of America;
• Non-functional or aesthetic parts including but not limited to plastic parts, knobs, rollers, scratches, peeling & dents;
• Unauthorized repairs and/or parts;
• Cost of installation, setup, diagnostic charges, removal or reinstallation of the Covered Product, except as provided herein;
• Accessories used in conjunction with a covered product;
• Any other loss other than a covered breakdown; Any physical damage and any damage to the Covered Product(s) caused by the following reasons shall not be covered under this Extended Warranty
• Damaged by improper handling, installation, use, maintenance, and storage.
• Damage from abuse, misuse, mishandling, introduction of foreign objects into the product, unauthorized modifications or alterations to a product; failure to follow the manufacturer’s instructions; third party actions; fire; theft; insects; animals; exposure to weather; windstorm; sand; dirt; hail; earthquake; flood; water; acts of God or consequential loss of any nature;
• Loss or damage caused by war; invasion; act of foreign enemy; hostilities; civil war; rebellion; riot; strike; labor disturbance; lockout; or civil commotion;
• Incidental, consequential or secondary damages or delay in rendering service under this Agreement; loss of use during the period that the covered product is at an authorized service center or awaiting parts;
• Damaged by using a power supply voltage lower or higher than the local standard voltage range.
• Damage caused by disassembled or modified the machine by the user.
• Failure or damage caused by force majeure (fire, earthquake, lightning strike, etc.)
• Damage caused by the operating environmental and condition, such as power supply, water source, temperature, humidity etc factors which beyond our control.

Shipping and Handling Fee (If Applicable)

If we determine repairs are required, we will send you a prepaid shipping label and, if you do not have the original packaging, we will send you a box for you to package and send your Covered Product to us for repair. Upon receipt of the prepaid label and, if applicable, the shipping supplies, you must follow our shipping instructions and use the carrier designated thereby. So long as you follow our shipping instructions, we will pay the charges for shipping the covered product in for repair and back to you. Should it be determined during the repair that the damage to the Covered Product is not in fact covered by your Plan, the Covered Product will be shipped back to you and you will be charged for the shipping costs.

Renewal Option

The Extended Warranty Plans are not renewable.

Transferability

You cannot transfer the Extended Warranty Plan to another person without our written permission.

Refund upon Return

If the customer returns any item (all return must require prior requires a return authorization of The Elegant Bar) a refund will be issued for full amount of purchased Extended Warranty Plan. To be eligible for such refund, you must need to follow the following the return guidelines posted here

Consumer’s Obligation

In order to keep this Extended Warranty in force during the coverage Term, you must maintain the Covered Product in accordance with the service requirements set forth by the manufacturer’s specifications, including cleaning and maintenance. It is your responsibility to protect the Covered Product from further damage and comply with the owner’s manual.

Limit of Liability:

Our limit of liability for Your Covered Product under your purchased Plan is the cost of authorized repairs, or replacement as determined by Us, with a product of like quality and similar features, provided however, in no event will Our total liability for repairs or replacement exceed Your purchase price for the Covered Product, excluding sales tax, delivery and installation costs. Upon replacement, there is no longer any obligation for the replaced product under this Agreement.

Cancellation

You may cancel this Extended Warranty for any reason at any time. If you cancel Your plan within thirty (30) days of from the purchased date of any Plan, we will issue a full refund, but If You cancel after thirty (30) days from the purchased date of any Plan, You will receive a pro-rata refund based on the time expired less a ten percent (10%) of the purchase price. We may not cancel your purchased plan except for fraud, material misrepresentation, or non-payment by you, or if required to do so by a regulatory authority. Notice of such cancellation will be in writing and given at least (30) days prior to cancellation.

Disclaimer of Consequential and Incidental Damages

In no event shall we be liable for any consequential, incidental, or indirect damages, which include, but are not limited to, property damage, any delay in rendering service under this service contract, loss of use during the repair period of the covered product, or while otherwise awaiting parts.

Governing Law and Jurisdiction

This Service Contract shall be construed and interpreted in accordance with the laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other continental States) that would cause the application of the laws of any jurisdiction other than those of the State of Michigan.

Dispute Resolution/Arbitration and Class Action Waiver

Any and all claims, disputes, controversies, and other matters arising out of relating to this Service Contract will be settled by binding arbitration on an individual basis in accordance with the rules of the American Arbitration Association. You are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim.

In the event of a dispute between you and us( the “Parties”), the Parties agree to submit such dispute to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, before a single arbitrator with knowledge of the relevant industry, in the City of Northville, Michigan. The arbitrator must be mutually approved by the parties in writing. The aggrieved party shall file a notice to arbitrate with the American Arbitration Association, whose rules and procedures shall govern such arbitration. The language of the arbitration shall be English. The award of the arbitrator may be entered in any court of competent jurisdiction for enforcement. All costs of the arbitration, including reasonable outside attorneys fees and other out-of pocket expenses of the parties, whether or not such expenses might be deemed recoverable costs of litigation under the Delaware Rules of Court, shall be awarded and apportioned by the arbitrator to the party or parties that prevail in the arbitration. The arbitrators will have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages, except as may be required by statute. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.

Contact Us

Please feel free to contact us if you have any question regarding this Extended

Warranty Policy

Address: 16937 Boulder Dr. Northville, MI 48168

Email: support@yourelegantbar.com

Phone: 8885013227