Warranty & Returns Policy
Limited Written Warranty by Designer. Designer provides to Client a limited written warranty for items that are specifically manufactured by Designer. Designer guarantees that the product(s) delivered to Customer in connection with the this Agreement will be free from defects in materials or workmanship under normal use for a period of six (6) months from the date of delivery. The warranty provided in this Section 18(i): (a) extends only to the original purchasing Client and is non-transferable, and (b) only covers manufacturing defects only and does not apply to normal wear and tear damage. For the avoidance of doubt, the warranty provided in this Section 18(i), in no event shall be applied to the installation of the Design by Third-Party Installer(s) or goods used in Design from Third-Party Manufacturers or Suppliers.
Exclusive Remedies. If a covered defect in materials or workmanship arises during the six-month warranty period, Client’s sole and exclusive remedy, and Designer’s entire obligation, shall be, at Designer’s sole discretion, either: (a) repair of the defective component; or (b) replacement of the defective component with a new or refurbished component of equal or greater functionality. Any repaired or replaced component shall be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
Warranty Exclusions. This limited warranty does not cover, and Designer shall have no obligation with respect to, any defect, damage, failure, or loss caused by or resulting from: (a) alteration, abuse, misuse, tampering, or negligence; (b) improper installation, maintenance, handling, storage, or repairs (including by any person or entity other than Designer); (c) outdoor use of suspended equipment or hardware; (d) normal wear and tear, consumables, or cosmetic damage that does not affect functionality; or (e) use of the product other than in accordance with Designer’s written instructions, specifications, or guidelines.
Voidance of Warranty. In any excluded-use scenario described in Section 18(iii), or where product serial numbers, identifiers, or tamper-evident features are removed, altered, or defaced, Designer may, in its sole discretion, deem this limited warranty void in whole or in part.
Third-Party Goods; Client Responsibility
No Warranty for Third-Party Goods. For any items not manufactured directly by Designer, the availability of these goods does not constitute an affiliation with or endorsement of any of the goods or their manufacturer or supplier. As such, subject to applicable law, Designer is providing third-party goods to Client “as is” without express or implied warranties of any kind (including without limitation any: (1) warranty of merchantability; (2) warranty of fitness for a particular purpose; (3) warranty of title; or (4) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise).
Client Responsibility. Client is solely responsible for ensuring that the equipment is properly and safely assembled and secured, used appropriately, and removed and stored when not in use. Any products, good, and equipment used by Client in conjunction with the Design should not be altered, modified or changed in any fashion. Instruction sheets are included with each piece of equipment and are critical to the user’s understanding and safe use.
Designer Guarantee. Subject to and in accordance with the Consumer Fraud Act of New Jersey, Client acknowledges and agrees that: (a) no guarantee is made regarding any therapeutic, developmental, behavioral, or safety outcomes, and any statements relating to such outcomes are expressly disclaimed; (b) Section 18(v) above is the sole satisfaction guarantee provided to Client under this Agreement; and (c) the Designer does not guarantee or warrant any contractor’s performance, safety practices, or compliance with applicable building codes or other laws.
Non-Returnable Items. All items manufactured by Designer are manufactured specifically for the Client and are excluded from returns and exchanges.
Procedure for Warranty Claims. To initiate a warranty claim, Client must notify Designer in writing at ariella@d2pbyariella.com within the applicable period, provide proof of purchase, a description of the issue, and photos of the damaged item.
Compliance with Consumer Fraud Act; No Misrepresentation. Nothing in this Limited Warranty and Satisfaction Guarantee is intended to, nor shall it, waive or limit any non-waivable right or remedy available to Client under applicable consumer protection laws, including the Consumer Fraud Act. Designer does not disclaim, exclude, or limit any statutory warranties or remedies that cannot be disclaimed, excluded, or limited under applicable law. Any disclaimer, exclusion, or limitation set forth herein applies only to the extent permitted by law.
Additional Terms; Limitations. To the fullest extent permitted by law: (a) this Limited Warranty and Satisfaction Guarantee apply only to the product as delivered by Designer and not to any third-party products, components, or services; and (b) no oral or written information or advice provided by Designer or its representatives shall expand or modify this Limited Warranty unless expressly set forth in a writing signed by an authorized representative of Designer. Other limitations or exclusions pertaining to incidental or consequential damages, or implied warranties of merchantability or fitness for a particular purpose, shall apply only to the extent permitted by law and shall not apply where prohibited. Where implied warranties cannot be disclaimed, they are limited in duration to the six (6) month period described in Section 18(i), unless a longer period is required by law.