We proudly offer this Limited Warranty to you, the Lessees/Purchasers, covering your hope Partners container suites.
WHAT THIS LIMITED WARRANTY COVERS:
Pursuant to the terms and conditions (collectively, the “Terms and Conditions”) set forth in this Limited Warranty (this “Limited Warranty”), hope Partners (“Manufacturer”) warrants to the undersigned Lessee(s) (individually and collectively “Lessees/Purchasers,” “you” and “your”) that Lessees/Purchaser container suite shall remain free of defects in materials and workmanship, including, but not limited to, defects in the plumbing, electrical and other system components, mechanical and structural defects, as well as fit and finishes, for a period of one (1) year from the date of delivery of said purchase or a period of twenty-four (24) months of said lease and each additional one (1) year lease extension of Lessees/Purchaser hope Partners container suite, whether via delivery or pickup (the “Warranty Period”).
☐ Lease option
☐ Purchase option
WHAT THIS LIMITED WARRANTY DOES NOT COVER (if applicable):
This Limited Warranty does not cover defects or damages arising from the following:
- Neglect or failure to maintain (such as failing to drain the water heater, touch up caulk or grout, prevent infestation, provide for adequate ventilation or humidity levels) by Lessees/Purchasers;
- Ordinary wear and tear of any kind,
- Climatic conditions and the deterioration of construction materials within industry standards, including, but not limited to, warpage, shrinkage, fading and degradation caused by exposure to the elements, use, passage of time; etc.;
- “Acts of God” (such as earthquakes, floods, winds, insects, animals, salt water, vandals or lightning strikes, weather conditions, natural disasters, soil movement or settling);
- Negligent acts/omissions of anyone other than Manufacturer, including, but not limited to, Lessees/Purchasers, Lessee’s/Purchaser invitees/guests, and people Lessees/Purchasers hired or allowed to work on the hope Partners container suite;
- Temperatures inside the hope Partners container suite being allowed to exceed 85 degrees Fahrenheit or go below 55 degrees Fahrenheit without proper use of heat and/or air conditioning control or not storing the unit properly, based on adverse weather conditions
- Pipes and water tanks not being emptied when the hope Partners container suite is vacated for more than ten (10) consecutive days or vacated for any period of time greater than 10 days
- Any direct hard-lined and/or plumbed lines to the container suite, other than the Manufacturer’s built as-is specifications, including any alterations of any kind. (This will also include anything plumbed to a direct source other than the Manufacturer’s installed onboard water tanks);
- Failure to have a freshwater pressure regulator and maintain a psi level of between 45 psi and 60 psi;
- Electrical – Any and all additions to the hope Partners container suite other than Manufacturer’s specifications and/or build plans, including any alterations or additions of any kind and/or is directly hard-wired by any 3rd party electrical source, not approved by Manufacturer;
- Transporting or re-locating the hope Partners container suite after the initial delivery of the hope Partners container suite or during any partial transportation, unless approved or performed by hope Partners will not be covered under the Manufacturer’s Liability Insurance;
- Tampering, installing, uninstalling or modifying of any materials, products, appliances or other components of the hope Partners container suite by anyone other than Manufacturer;
- Failure to maintain and/or or carry liability insurance on the container suite(s);
OTHER EXCLUSIONS / LIMITATIONS:
This Limited Warranty is subject to the following additional exclusions and limitations:
- This Limited Warranty does not cover any defects or damages caused by any product, equipment or appliance covered by a warranty of a manufacturer other than Manufacturer, including any solar energy equipment or components. Rather, at Lessee’s/Purchaser request, we will assign (to the extent they are assignable) and pass through to Lessee any manufacturers’ warranties on products (e.g., equipment, appliances and building products) and Lessee will be responsible to take the necessary steps that the manufacturers may require to perfect Lessee’s/Purchaser rights under such warranties. Any such manufacturer-provided warranties represent Lessee’s/Purchaser exclusive remedy with respect to defects or damages related to such products;
- This Limited Warranty is in lieu of all other warranties, express or implied, including, but not limited to, any warranties of merchantability, habitability or fitness for a particular purpose. Any implied warranty that exists despite this disclaimer is effective only during the Warranty Period;
- This Limited Warranty excludes liability for consequential and incidental damages (some states do not allow for the exclusion of incidental or consequential damages, so the above limitations may not apply to Lessees/Purchasers). Rather, Lessees/Purchasers remedy under this Limited Warranty is the right to a warranty inspection and repair of any defects at Manufacturer’s sole discretion, provided that the Lessees/Purchasers, and anyone claiming by or through Lessees/Purchasers, shall be entitled to monetary damages or compensation under this Limited Warranty in the event Manufacturer is unable to repair such defect. Such compensation is limited to the cost of inspection and/or repair;
- This Limited Warranty is not transferable to any third party other than Lessees/Purchasers;
- hope Partners reserves the right to void any warranty claim(s) caused by neglect or damage from any third-party use;
- LIMITATION OF LIABILITY: THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND NO OTHER WARRANTIES EXPRESS OR IMPLIED ARE MADE BY hope Partners, NOR ARE AUTHORIZED TO BE MADE WITH RESPECT TO THE hope Partners CONTAINER SUITE. IN NO EVENT SHALL MANUFACTURER, OR ITS DISTRIBUTORS OR RESELLERS, BE LIABLE FOR COMPENSATORY, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO MONETARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF USE, OR OTHER RESIDENTIAL OR COMMERCIAL LOSS, ARISING FROM USE OR FAILURE OF MANUFACTURER’S PRODUCTS, TO THE FULL EXTENT THAT SUCH DAMAGES CAN BE DISCLAIMED UNDER APPLICABLE LAW. THE REMEDIES PROVIDED UNDER THIS LIMITED WARRANTY ARE EXCLUSIVE.
HOW TO GET WARRANTY SERVICE:
If your hope Partners container suite needs warranty service during the Warranty Period, please contact us at email@example.com or use the Warranty area of BuilderTrend to make arrangements for a warranty inspection (defects of which we do not receive notice prior to expiration of the Warranty Period are not warranted). If, upon inspection, we determine in Manufacturer’s reasonable discretion that Lessees/Purchasers hope Partners container suite is defective and such defect is warranted, we will repair such defect, which such repair will be conducted in a manner in Manufacturer’s sole discretion. Lessees/Purchasers right to an inspection and repair of any defects at Manufacturer’s sole discretion shall be the remedy available to Lessees/Purchasers under this Limited Warranty, provided that Lessees/Purchasers, and anyone claiming by or through Lessees/Purchasers, shall be entitled to monetary damages or compensation under this Limited Warranty in the event Manufacturer is unable to repair such defect, subject to the exclusions and limitations set forth herein.
Warranty inspections and warranty work must be scheduled in advance and are conducted at Manufacturer’s Portland, Oregon facility, Mondays through Fridays from 9:00 a.m. to 5:00 p.m. Lessees/Purchasers is solely responsible for the cost of transporting Lessees/Purchasers hope Partners container suite to and from Manufacturer’s Portland, Oregon facility for inspection and any warranty work. However, Manufacturer reserves the right to hire a contractor near Lessees/Purchasers, at Manufacturer’s expense, to inspect and perform warranty work when, in Manufacturer’s sole discretion, such inspection and work can be more efficiently and effectively performed in a location other than Manufacturer’s Portland, Oregon facility.
Any/all claims or controversies arising out of or related to this Limited Warranty shall be subject and adjudicated pursuant to the dispute resolution procedures set forth in the Master Lease Agreement and/or Construction and Sale Agreement between Manufacturer and Lessees/Purchasers, which such dispute resolution procedures are incorporated herein by reference.