STOBAG AG provides a 2-year warranty on all products (plus 3 years on motors and controls) whose defects can be traced back to manufacturing, material or design defects. Defective or faulty parts will be repaired or replaced free of charge by the STOBAG AG specialist partner after consultation with STOBAG AG during the warranty period. Costs for removal and installation, shipping costs as well as travel and travel expenses will not be reimbursed to the specialist partner. Replaced parts become the property of STOBAG AG and must be stored and returned to STOBAG AG on request.

Basically excluded from the warranty are damages as well as consequential damages by / to:

• Improper installation and / or omitted or incorrect care and maintenance
• Improper start-up and operation
• Excessive use or use that does not comply with the specified performance classes (according to product specification, declaration of performance / conformity to DIN EN 13561)
• Not intended use
• Negligent or deliberate destruction
• Improperly set or incorrectly installed control / automatic or sensor systems
• Mechanical damage due to improper transport or storage
• Repairs carried out by third parties and not agreed with STOBAG AG
• Use of foreign components or modifications to the product without the manufacturer’s consent
• External influences such as fire, water, alkalis, rain, snow, storm, excessive wind load or other force majeure
• Wrinkles, white breakage (light stripes resulting from processing) and waviness which do not reduce the value and suitability for use of awning fabrics
• Wear and tear
• Glass elements, lighting systems (including electrical components and lamps), batteries and components subject to normal wear and tear (e.g. fabric)

• The ITRS guidelines apply to pre-made awning fabrics.

STOBAG AG provides the possibility of a free warranty extension of 3 years for finished products, whereby there is no further warranty claim for replaced or repaired parts within these 3 years. Costs for removal and installation, shipping costs as well as transportation and travel expenses will not be reimbursed to the specialist partner. This extended warranty is subject to the following conditions:

• The end customer must register the finished product within 90 days of delivery / installation at the STOBAG Website with the correct and complete end customer address. The address data may be used by STOBAG AG for product information and internal marketing purposes and forwarded to the STOBAG AG specialist partner for service and process optimization.
  – The address information will not be passed on to third parties.
  – The responsibility for obtaining the warranty card lies with the specialist partner.
  – In the event of misuse of contact data, the 3-year warranty extension expires.
  
• The warranty claim only applies to STOBAG AG original products which were manufactured in a licensed STOBAG AG production plant (special designs excluded).
• Installation and commissioning must be carried out according to the specifications by a designated STOBAG AG specialist partner (assembly instructions are enclosed with the product).
• Electrical installations must be carried out by a licensed electrician in accordance with specifications and country-specific guidelines.
• Before initial use, the buyer (product user) must be instructed by the STOBAG AG specialist partner on the operation and maintenance of the product (instructions enclosed with the product).
• Immediate inspection of faults and acceptance of the system by the purchaser.
• The warranty only covers damage to the respective product.
• The type label on the product must not be removed or modified.
• In the event of a possible defect, the STOBAG AG specialist partner must be informed immediately so that he can assess the warranty claim in the first instance and clarify the further procedure (possible material inspection / assessment by the manufacturer). Therefore, it is not always possible to decide immediately whether a warranty case is involved.

The STOBAG AG 3-year warranty extension is a voluntary manufacturer’s warranty and extends the statutory two-year warranty obligation by 3 years free of charge. Regardless of the guarantee granted, the claims of the end customer to the seller (STOBAG AG specialist partner ) remain within the scope of the statutory guarantee. To ensure proper operation of our products, please observe the information in the operating instructions and keep them together with the warranty provisions.

Status May 2018

This Warranty is applicable to all Stobag North America Corp., (“STOBAG”) manufactured products (the “Products”). In this Warranty, the term “End User” means the first end user of the Products to whom a distributorauthorized by STOBAGsells the Products.

1. WARRANTY:

1.1. STOBAG warrants to the End Userof the Products that for the Warranty Period (as defined below), the Products will be free from defects in materials and workmanship under normal use, and will conform to STOBAG’s published specifications of the Products. Notwithstanding the foregoing, STOBAG retains its right to deviate from its published specifications due to the latest innovations and improvements in function and design of the Products.

1.2. This warranty shall exclude and STOBAG shall not be liable for any failure of the Products caused by:

(a)improper storage and transportation of the Products;

(b)the use of the Products in conjunction with any other equipment which has not been provided or approvedby STOBAG;

(c)any use of the Products other than for the purpose for which they were designed;

(d)neglect or abuse of the Products;

(e)installation, repair or maintenance of the Products by persons other than authorized distributors of STOBAG;

(f)modifications to theProducts that were not approved by STOBAG;

(g)corrosion to the Productscaused byexternal factors including but not limited tosand, salt, hailor stones;

(h)normal wear and tear on the Products; or

(i)any other cause not involving manufacturing defects in the Products.

1.3. The End User of the Product shall immediately, but in any event no later than five (5) days following installation of the Product, inspect the Product for conformity and visible defects. The End User of the Product shall give STOBAG immediate written notice of any non-conformities or visible defects regarding the Product. In the event that the End User fails to provide STOBAG within five (5) days following installation of the Product with notice of any non-conformities or visible defects, any warranty claims in this regard shall be deemed waived.

1.4. End User shall immediately notify STOBAG in writing of any other defects of the Products and return such defective Product. STOBAG’s sole obligation under the foregoing warranty is, at STOBAG’s option, to repair, replace or exchange the defective Product. Any replaced or exchanged Products shall be subject to the warranty set forth in 1.1., following their replacement or exchange, and the Warranty Period for the replaced or exchanged product shall be five (5) years from the invoice date on the original Product that was replaced or exchanged. If STOBAG receives notification from End User of a defect to the Product, and no defect is discovered, in STOBAG’s sole discretion, End User shall bear the costs that STOBAG incurred as a result of the notice.

1.5. STOBAG also makes no warranty that the Products manufactured under an order made to End User specifications do not infringe the intellectual property or other proprietary rights of any third party and End User is solely responsible for assuring that such Products do not so infringe.

1.6. The “Warranty Period” begins on the date of STOBAG’s invoice to the distributor for the Products and automatically terminates five (5)

1.7. STOBAG does not authorize any person or party to assume or create for it any other obligation or liability in connection with the Products except as set forth herein.

1.8. All requests and notices under this Warranty shall be directed to:

STOBAG North America Corp.
1445 Norjohn Court, Unit 7
Burlington, Ontario
L7L 0E6
Phone: 905-564-6111
Fax: 905-564-3512
Email: info.northamerica(at)stobag.com
Web: www.stobag.com

1.9. The warranty set forth in section 1.1. Is made in lieu of all other warranties (whether express or implied), rights or conditions, and End User acknowledges that except for such limited warranty, the products are provided “as is.” STOBAG specifically disclaims, without limitation, all other warranties, express or implied, of any kind, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose, non-infringement, and those warranties arising from a course of performance, a course of dealing or trade usage.

2. LIMITATION OF LIABILITY:

2.1. Under no circumstances shall STOBAG be liable for any punitive, indirect, incidental, special or consequential damages, including but not limited to, damages for loss of earnings, profits, revenue, goodwill or use, incurred by End User or any third party, whether in an action based upon equity, contract, tort, strict liability, or imposed by case law or statute, or otherwise, even if previously advised of the possibility of such damages.

2.2. Notwithstanding the terms and conditions set forth in section 2.1., STOBAG’s liability – whether based upon contract, tort, equity, negligence or any other legal concept – shall in no event exceed the value of End User’s order to which the damages are pertaining to, as described on the order form, or the order value for one (1) calendar year, whichever amount is lower. It is agreed and acknowledged that the provisions of this agreement allocate the risks between STOBAG and End User in an equitable manner, that STOBAG’s pricing reflects this allocation of risk, and but for this allocation and limitation of liability, STOBAG would not have entered into this agreement.

2.3. In jurisdictions that limit the scope of or preclude limitations or exclusion of remedies or damages, or of liability, such as liability for gross negligence or willful misconduct or do not allow implied warranties to be excluded, the limitation or exclusion of warranties, remedies, damages or liability set forth above are intended to apply to the maximum extent permitted by applicable law. End User may also have other rights that vary by state, country or other jurisdiction.

2.4. This Warranty provides the sole remedies of the End User for any breach of warranty for the Products to the exclusion of all other remedies to the extent permitted by law.

3. GOVERNING LAW:

3.1. This Warranty is governed by the laws of the Province of Ontario and the federal laws of Canada which apply in Ontario. The United Nations Convention on the International Sale of Goods shall not apply to any sale of the Products. The Courts of the Province of Ontario shall have exclusive jurisdiction for all disputes regarding this Warranty. The parties waive their right to a trial by jury in any proceeding relating to this Warranty.