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
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
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
