Terms & Conditions
Man Cave America protection Plan
1-Year Limited Installation Warranty
WHAT IS COVERED BY THE WARRANTY
In addition to any warranty extended to the customer directly from the manufacturer of the product or materials used in the installation, the independent contractor will separately warrant that all of its work substantially conforms to the manufacturer's recommendations and follows industry standards and quality guidelines and that, upon notice from customer, it will correct any faults related to defective workmanship or mis-application of the product at no additional cost to the customer. Should the independent contractor fail to honor its warranty, for a period of one (1) year from the date of substantial completion of the work, upon notice to Man Cave America and only if the work is determined to have been performed in a manner inconsistent with industry standards, Man Cave America will assist in the resolution of such defective work. If the warranty work requires the replacement of a product that is no longer available, the customer agrees to accept a reasonable product match.
WHAT IS NOT COVERED
This Limited Warranty does not cover the following items:
- Any installation defect that was apparent or ascertainable at the time the work was completed but was not promptly reported to Man Cave America;
- Damage related to subsequent alterations, misuse or abuse of the covered items by any person other than the independent contractor;
- Damage resulting from fires, storms, electrical malfunctions, accidents, floods, sub-grade moisture conditions, leaks or acts of God;
- Damage related to customer's failure to observe any instructions from the independent contractor and/or requirements of the manufacturer with respect to the product, including without limitation failure to control humidity and temperature levels within the home;
- Any item furnished by the customer; and
- The installation of odd lots, close-outs or unwarranted product.
Remedies and Limitations
- The customer understands that the customer must first make all reasonable efforts to compel the independent contractor to honor its warranty before contacting Man Cave America. The preferred remedy is always for the repair or re-installation to be completed by the original installer whenever possible.
- With respect to any claim asserted by the customer against Man Cave America, the customer understands that the customer will have no right to recover or request compensation for, and Man Cave America shall not be liable for, any of the following items:
- Incidental, consequential, secondary, or punitive damages;
- Damages for aggravation, mental anguish, emotional distress, or pain and suffering;
- Costs in excess of the total contract amount for the project; or
- Attorney's fees or costs.
- Man Cave America makes no other warranty, express or implied, other than as set forth herein;
- These limitations shall be enforceable to the extent permitted by law.
HOW TO OBTAIN SERVICE
If a problem with the installation develops during the warranty period, after first attempting to get the independent contractor to remedy the problem, the customer should contact Man Cave America at 415-505-4303 or provide written notice to Man Cave America at the following address: Attn: Customer Solutions, 2855 Mandela Pkwy, #11, Oakland CA 94608
The written notice should include the following information: the customer's name, address and telephone numbers and a description of the nature of the problem. Man Cave America will investigate the claim promptly. Any warranty work will be done during normal working hours except where a delay will cause additional damage. The customer agrees to provide access to the house and to make available during the work a responsible adult with the authority to approve the warranty work and confirm satisfactory completion of the warranty work.
Man Cave America IS NOT A GENERAL CONTRACTOR NOR DOES IT PROVIDE CONTRACTING SERVICES.
The independent contractor is responsible for the performance of any work pursuant to a contract between the independent contractor and the customer and the fulfillment of any and all warranties provided to the customer by the independent contractor.
This Limited Warranty is voided under the following circumstances: The work is not included in the Project Description on the Man Cave America Completion Certificate; the customer has signed the Man Cave America Completion Certificate but has not made final payment for the project; or payment for the work is made directly to the independent contractor rather than through Man Cave America.
Customer acknowledges that this Limited Warranty constitutes the entire agreement between the parties and that NO representation, whether oral or in writing, shall in any way alter the terms of this Limited Warranty. Furthermore, nothing in this Limited Warranty shall in any way restrict the right of the independent contractor to bring action against the customer for non-payment.