LIMITED WARRANTY

FOREVERMARK CABINETRY

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The Shekia Group, LLC d/b/a TSG, LLC (“TSG”) warrants its Forevermark Cabinetry products to be free of manufacturer defects that are avoidable, and unnatural defects in material and workmanship under normal use, for five (5) years from the date of purchase by the original consumer purchaser (except for cabinets with painted finishes, which are limited to a two (2) year warranty). This limited liability warranty applies to residential use only at the original site of installation only. This limited liability warranty is non-transferable.

 

This limited liability warranty does not cover or apply to any defect that is not caused by TSG. This warranty does not cover or apply to products that have been misused; mishandled; abused; improperly stored or installed; modified; or subject to excesses of moisture or extreme temperatures, abrasive or citrus cleaning products, neglect, transit damage, assembly, disassembly, intentional damage, accidents, negligence, on-site alterations, improper storage, defective installation or normal wear and tear. Any modification to the hardware structure or finish of the original consumer purchaser’s cabinetry by anyone other than those specifically authorized by TSG to do so shall void this limited liability warranty. 

 

The product must be used exclusively for its intended purpose in order to be covered by this limited liability warranty. This limited liability 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. This limited liability warranty does not include or cover the cost of installation, removal, subsequent damage or transportation of the allegedly defective product, regardless of whether work was performed by a contractor, a service company or the original consumer purchaser. 

 

This limited liability warranty does not apply to any products used in conjunction with the cabinetry, including but not limited to countertops, appliances or plumbing fixtures. Use of cabinetry or any components or parts thereof in any way contrary to any instructions furnished by TSG shall void this limited liability warranty.

 

TSG’s obligation under this limited liability warranty shall be limited to the repair or replacement, at its sole discretion, of any cabinetry or any components or parts thereof that TSG deems proven defective under normal use and service within the warranty period. This limited liability warranty is limited to the repair or replacement of the allegedly defective cabinetry or components or parts thereof, 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.

 

Forevermark Cabinetry cabinets are constructed from several pieces of solid wood and wood veneers on plywood. Differences in grain pattern and color should be expected. Wood characteristics that naturally occur, such as variations in color, grain, mineral streaks and knots, are not considered defects. Color variations and color softening in cabinets are a natural occurrence due to species, age, character of cabinets and exposure to UV light and sunlight. For these reasons, replacement cabinets may not match display samples and/or the existing cabinets in the original consumer purchaser’s home. Such variations and changes are not considered defects. This limited liability warranty applies only to defects, and does not apply to the yellowing and aging of any wood product.

 

Forevermark Cabinetry products are wood products, and extreme conditions (high/low humidity, temperature, etc.) will cause any wood product to respond adversely. Accordingly, this limited liability warranty does not apply to cabinetry exposed to extreme conditions. Please note that newly produced cabinets will never be the same color as aged cabinets. TSG reserves the right to inspect any alleged defects in the field to determine if the product should be repaired in the field or in the factory, or replaced, if at all.

 

Mitered door joints in particular 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 limited liability warranty. This limited liability 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 way as to eventually result in hairline cracks. Painted finishes react differently than stained finish with normal wood movement, and climatic conditions may result in breaks in finish, recesses and joint and panel lines. These conditions are considered a normal occurrence and are not included or covered by this limited liability warranty. 

 

Cabinet doors that are warped must be allowed to hang through one seasonal heating cycle (i.e., through a full summer) before replacement will be considered by TSG under this limited liability warranty. Doors that are warped in either direction not exceeding one-quarter inch (1/4”) do not exceed normal material expectation and are not included or covered by this limited liability warranty.

 

Effective as of 5/2021. Subject to change without notice.

 

Actual cabinets may vary from line drawings. Please see spec sheets for details.

 

TSG periodically makes changes to its product line and specifications. If a warranty claim is presented for a discontinued or unavailable cabinet or component or part thereof, TSG will replace the cabinet or component or part thereof under warranty with a new cabinet or component or part thereof of the same style or with a similar or comparable style currently offered by TSG. Some replacement cabinets and components and parts thereof are subject to availability, and may differ from those originally supplied. TSG is not responsible for replacement product that may not exactly match installed product, and is not obligated to inform original consumer purchasers of the discontinuance of or changes to product lines and specifications or to make similar changes in all products previously manufactured. Material changes are not a valid reason for an original consumer purchaser to refuse replacement under this limited liability warranty.

 

Warranty claims cannot be made directly to TSG by the original consumer purchaser. To submit a warranty claim, the original consumer purchaser must contact the dealer or distributor from whom the Forevermark Cabinetry products were purchased and report the nature of the alleged defect. The dealer or distributor will obtain the information necessary to make a claim decision, and forward such information in writing to TSG for TSG’s consideration of the claim. If the dealer or distributor is no longer functioning as a business entity, please submit your claim in writing, with proof of purchase, to: TSG / Forevermark Cabinetry, 1130 King Georges Post Road, Edison, NJ 08837

 

If a manufacturing defect occurs within this limited liability warranty’s terms and conditions and TSG determines to replace the defective cabinet or component or part thereof, TSG will ship the replacement cabinet or component or part thereof to the original consumer purchaser via ground shipper or freight carrier, at TSG’s sole discretion. Please do not send the allegedly defective cabinet or component or part thereof to TSG, unless and until expressly requested to do so by our claims department. Pictures of cabinets or components or parts thereof may be requested by TSG. Making a fraudulent claim may be a crime, and violators may be prosecuted.

 

This limited liability warranty and its enforcement, and any and all claims or disputes arising out of, relating to or in connection with this limited liability warranty or the making, performance or interpretation of this limited liability warranty, shall be (1) governed by and construed exclusively in accordance with the laws of the State of New Jersey, without regard to the conflicts of law or choice of law principles of the State of New Jersey or any other jurisdiction (including but not limited to U.S. federal law) that would require the application of the law of any other jurisdiction, and (2) brought only in the United States District Court for the District of New Jersey or the New Jersey Superior Court, Middlesex County.

 

THIS WRITING IS THE COMPLETE AND EXCLUSIVE REMEDY FOR ANY ORIGINAL CONSUMER PURCHASER FOR BREACH OF WARRANTY. THE STATEMENT OF THE EXPRESS WARRANTIES PROVIDED HEREIN IS IN LIEU OF ANY AND ALL OTHER EXPRESS AND/OR STATUTORY WARRANTIES, TO THE EXTENT PROVIDED BY LAW. IN NO EVENT SHALL TSG BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES TO ANY ORIGINAL CONSUMER PURCHASER OR A 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 EXPRESS WARRANTIES SPECIFICALLY SET FORTH IN THIS LIMITED LIABILITY WARRANTY. IN NO EVENT SHALL TSG BE LIABLE FOR ANY INDIRECT DAMAGES RESULTING FROM INSTALLATION,USE OR FAILURE OF ITS PRODUCTS. THIS LIMITED LIABILITY WARRANTY IS TSG’S SOLE WARRANTY, AND NO DEALER, DISTRIBUTOR OR AGENT POSSESSES ANY AUTHORITY WHATSOEVER TO MODIFY OR ENLARGE THIS WARRANTY IN ANY WAY.

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SHOWPLACE CABINETRY
 

Showplace Wood Products (“Showplace”) provides a Limited Lifetime Warranty to the original owners of the installed residential cabinetry (the “Product”) and warrants its Product when purchased through an authorized Showplace dealer to be free from defects in material or workmanship under normal residential use for as long as they are owned by the original residential purchaser in the Product’s originally installed residential location. This warranty is not applicable to rental properties and is not transferable to subsequent owners.

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Our obligation under this warranty is limited to the repair or replacement of any Products that prove defective as determined by our review and inspection. This warranty is limited to replacement or repair of defective parts or materials only. Labor charges or damage related to installation, removal, repair or exchange, as well as any incidental and consequential damages, are excluded.

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This limited warranty is void and does not cover product if it is:

• misused or used for a purpose not intended or designed by us

• mishandled or subjected to abuse, vandalism, negligence or accident

• improperly stored before installation: product must be covered prior to installation and kept in an environment with controlled temperature and humidity out of direct sunlight at all times

• improperly installed or modified: product must not be installed outdoors, or reconfigured by the installer

• subjected to extreme temperatures or extreme moisture levels after installation: product must be kept at all times in a space within controlled ranges of 50-85 degrees Fahrenheit and 30-55% humidity.

 

Some Products purchased through but not made by Showplace, which are limited in warranty by the maker of the Product, will follow the warranty provided by the Product’s manufacturer. Products with such limited warranty include:

• Vent hoods and blowers

• Internal hardware kits, such as waste baskets and pullouts

• Gothic mullion doors

• Foil-wrapped and High Gloss doors and drawer fronts

• Wood veneer slab doors and drawer fronts

 

The following changes are considered natural and normal and are excluded from the warranty:

• The natural darkening and mellowing that normally occurs to finished wood over time; or the yellowing of finish resulting from exposure to sunlight and/or other environmental conditions

• Natural wood characteristics inherent to the wood species, such as knots, pinholes, graining, or sapwood defined as acceptable within our wood purchase specifications or the differences in stain coloring that occurs between plywood components and solid hardwood components.

• Minor dimensional changes due to the wood’s hygroscopic nature. Because wood constantly absorbs and releases moisture with the environment it will shrink or swell to varying degrees depending on the species; this may result in visible lines around door center panels if not properly controlled that will come and go with seasonal changes in humidity. It may also result in door warpage up to 1/16” per foot which must be allowed to re-acclimate for a full twelve months over the course of changes in seasons.

• Painted finishes that reveal joinery lines due to natural dimensional changes.

 

Additional exclusions:

• Acts of God, fire, flood, or other influences outside of our control

• normal wear and tear is excluded. Examples include, but are not limited to damage resulting from moisture around sinks and/or moisture from hands transferred to cabinetry without wiping away; impact-caused nicks or chips in finish (paint or stain); toe kick damage caused by excessive moisture allowed to remain after cleaning floors.

• this warranty does not apply to finishes that are exposed for prolonged periods of time to tobacco smoke and/or other smoke sources

• this warranty does not apply to cabinetry purchased unfinished

 

This warranty does not cover costs associated with shipping or transportation of replacements, the cost of installation, removal, or subsequent damage or transportation of the defective product, regardless of who performs the work.

 

Showplace reserves the right to change design specifications and materials without obligation to make similar changes to products previously manufactured. If a warranty claim is filed for a product that is no longer manufactured by Showplace, Showplace reserves the right to fulfill the warranty obligation by substituting discontinued product with the most similar styling, wood species, and color available at the time a claim is submitted; claim remedy may include replacing other Showplace components installed in the residential application necessary to achieve a uniform appearance and a similar style to that originally purchased.

 

These warranties are the exclusive warranties of Showplace Wood Products and are in lieu of all other warranties, expressed or implied, including the implied warranties of merchantability and fitness for a particular use. In no event shall Showplace Wood Products be liable for incidental or consequential damages, special damages, exemplary damages, lost profits and revenues, loss of use of the product, bodily injury, and property damage, all whether based on contract, tort, strict liability, or any other legal basis or theory. In no event will Showplace’s liability with respect to the warranty obligations exceed the purchase price for the defective product.

 

To obtain performance under this Limited Lifetime Warranty, contact the authorized Showplace dealer where the Product was originally purchased and allow sufficient time and opportunity to inspect the Product, evaluate the claim and respond. A dated receipt as proof of purchase is required to obtain benefits from this warranty. If the authorized Showplace dealer is unable to respond to your claim, mail a request for assistance to: Showplace Wood Products, Warranty Department, One Enterprise Street, Harrisburg, SD 57032. All decisions regarding the existence of manufacturing defects or affecting this warranty shall be made by Showplace Wood Products in its discretion and shall be final and binding on the parties. This limited warranty is governed by the laws of the State of South Dakota. All disputes arising from this limited warranty will be venued in the state or federal courts sitting in South Dakota.

 

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