Warranty

The present warranty is issued by Clara Shades (as used in this warranty, together with its subsidiaries and affiliates are collectively referred to as “Clara Shades”), and is applicable to the following: Clara Shades mounting hardware, shade fabric, shade motors, battery powered motors, wall controls, interfaces and system accessories (hereinafter individually “Product” and collectively “Products”) provided that the customer of such Product (hereinafter “Customer”) purchased the Product directly from Clara Shades, an authorized dealer, or other parties authorized by Clara Shades.

This warranty applies in the territory where the Products are distributed by Clara Shades, directly, via an authorized Clara Shades dealer, or by a distributor appointed by Clara Shades.

With regard to customers who purchase the products directly from an authorized Clara Shades Dealer for purposes which are outside their trade, business, craft or profession (“Consumer”), this limited warranty must be seen in addition to, but neither replaces nor limits the legal rights Consumer may have on the basis of the local legal warranty law applicable to such Consumer.

Subject to the exclusions and restrictions in this warranty, Clara Shades offers a warranty for the following during the below specified warranty period:

• if a shade motor is found to exhibit defects in material or workmanship under normal use, for a period of five (5) years from date of shipment;
• if a battery powered motor is found to exhibit defects in material or workmanship under normal use, for a period of five (5) years from date of shipment;
• If a shade fabric is found to exhibit defects in material or workmanship under normal use, during the time periods listed below:
  (a) there is a five (5) years warranty from date of shipment for shade fabric;
  (b) for any other shade fabric, the warranty may be specified in a separate document and may be provided by Clara Shades upon request.
• if a mounting hardware is found to exhibit defects in material or workmanship under normal use (5-year limited warranty);
• if a remote, gateway, enclosure, power supply or other system accessory is found to exhibit defects in material or workmanship under normal use, for a period of one (1) year from date of shipment;

so long as Customer promptly notifies Clara Shades via an authorized Clara Shades dealer of the defect and, if requested by Clara Shades, upon return of the defective product, Clara Shades will, at its sole discretion, either repair the defective Product or part, replace the defective Product or part or issue a credit against the purchase price of comparable replacement defective product or part purchased from an authorized Clara Shades dealer but never exceeding the amount of the original purchase price of the components. The responsibility will be borne by the dealer in the event that the latter does not notify Clara Shades in a timely manner during the specified warranty period.

Clara Shades is not responsible for shipping costs or labor costs associated with measuring, removing or reinstalling products. Clara Shades is not responsible for costs associated with import or export duties, broker fees or taxes associated with shipment of replacements.

Replacement parts provided by Clara Shades, or at its sole discretion, by an approved vendor, may be new, used, repaired, reconditioned, and/or made by a different manufacturer. Repairs or replacements under this limited warranty will be made with like or similar components. The color or weave may vary from lot to lot on some styles (for example, colors may not precisely match samples or previously purchased products and the process of weaving can result in slight variations in the density of the weave), and certain styles and colors may be discontinued. On discontinued items, Clara Shades reserves the right to substitute warrantied product with the nearest color or style of equivalent or greater value. On current products, Clara Shades will make every effort to match current style and color. In the event that warrantied product is not repairable, and cannot be replaced with the original style and color (i.e. discontinued), it will be replaced with the closest available product.

Terms and Conditions of Limited Warranty

Customers should inquire from the authorized Clara Shades dealer regarding the nature and extent of the dealer’s warranty, if any. Repaired or replaced Products and parts supplied under this warranty shall be covered only by the unexpired portion of the warranty on the original purchase. This warranty is provided only to Customers that originally purchased the Product and shall not extend to subsequent owners. This limited warranty extends only to the original manufacturing and end‐consuming purchaser and is not transferable.

This warranty does not cover, and Clara Shades is not responsible for labor costs to diagnose, remove, repair, remeasure, replace, reinstall and/or program any Product.

This warranty shall be null and void, and Clara Shades shall have no liability under the terms of this warranty, in the following events:

• if the Product has been used in an application or environment other than that for which it was intended or if it has been subjected to misuse, abuse, accidental damage (including damage to the product due to customer reprogramming motors), accidents, misapplication, modification, alteration, improper handling, operation, repair, installation, use, cleaning or maintenance procedures, failure to follow instructions (including for measurement, installation, use, cleaning or maintenance, and those instructions found at the end of this limited warranty and on the process of making a warranty claim); for example, in the case of the use of non‐fabric components with other components not manufactured by or expressly approved by Clara Shades as appropriate for use with the Clara Shades component at issue or in the case products used in exterior environments unless expressly approved for such use;
• in the event of normal wear and tear (common cosmetic issues related to extended use, including fraying, fading or discoloration, deterioration or yellowing when exposed to sunlight, exposure or damage from salt air, high humidity or extreme outdoor elements for prolonged periods, and cord failure as a result of wearing out over time);
• Loss of pleating is not covered if the product is not being cycled (held in the raised position for a portion of the time);
• In the event of cracking or other instability caused by the folding or creasing of coated fabrics;
• in the event of adverse environmental factors including incorrect line voltages, improper wiring, improperly rated fuses or circuit breakers, insufficient ventilation or incorrect temperatures or an act of God;
• in the event of damage from animals or insects.

This warranty does not cover any Product that has had the serial number altered, defaced or removed.

This warranty shall be the sole and exclusive remedy to Customer. In no event shall Clara Shades be liable for indirect, incidental or consequential damages of any kind (property or economic damages inclusive) arising from the sale or use of the Product. Customer assumes and will hold Clara Shades harmless with respect to all such losses. Clara Shades’ liability on any claim for damages arising out of or in connection with the manufacture, sale, installation, delivery, or use of the unit shall never exceed the purchase price of the unit. Clara Shades is not liable for any claim made by a third party or made by Customer for a third party.

Further, Clara Shades shall have no liability for any claims of infringement of any patent, trademark, copyright or other intellectual property for the following: (i) if the Products are used in combination with other third party products or without Clara Shades’ express authorization; (ii) if the Products were modified by anyone other than Clara Shades; (iii) for the use or sale of the Product other than as specified and authorized in Clara Shades’ documentation; or (iv) for the use or sale of any version of Clara Shades software other than the most current version.

Except as expressly set forth in this warranty, Clara Shades makes no other warranties, express or implied, nor authorizes any other party to offer any warranty, including any implied warranties of merchantability or fitness for a particular purpose. The duration of any implied warranties that may be imposed by law, including any implied warranty of merchantability or fitness for a particular purpose, is expressly limited to this warranty period.

This warranty supersedes any and all previous warranties and Clara Shades’ obligations under any implied warranties shall be limited to the terms of this express warranty.

To make a warranty claim, promptly notify Clara Shades, within the warranty period described herein, by contacting your authorized Clara Shades dealer. Clara Shades, in its sole discretion, will determine what action, if any, is required under this warranty. No Products may be returned for credit, exchange, or service without prior authorization from Clara Shades. If your products are authorized for return, Clara Shades or your authorized Clara Shades dealer will provide further instruction regarding the Return Material Authorization (RMA) process. Products may not be returned without an RMA number.

To Make a Warranty Claim

Most problems can be corrected over the phone through close cooperation with the Clara Shades Support Center. To better enable Clara Shades to address a warranty claim, please have the Product’s serial and model numbers as well as its current operating system version, if applicable. If Clara Shades, in its sole discretion, determines that an on-site visit or other remedial action is necessary, Clara Shades may send a representative or coordinate the dispatch of a representative from an authorized Clara Shades dealer or vendor, to Customer’s site, and/or coordinate a warranty service call.

Governing Law, Jurisdiction, and Venue

Governing Law and Jurisdiction. This warranty is governed by the laws of the Province of Quebec, Canada, without regards to conflict of laws principles. The United Nations Convention on the International Sale of Goods shall not apply. Except as otherwise provided in the Arbitration section below, the courts located in the city of Montreal, Province of Quebec, Canada will have exclusive jurisdiction of all disputes arising out of or related to this warranty or your use of the Site or the Service and any dispute will be submitted to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Clara Shades shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.

Binding Arbitration. The Client agrees that Clara Shades, at its sole discretion, may require you to submit any disputes arising from the present warranty, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration before a single arbitrator, who will be a person legally trained, has experience in information technology and is independent of both parties, to be held in Montreal, Quebec, and governed by Ontario law subject to the most current version of the Arbitration Act 1991 (Ontario). Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute. Notwithstanding the foregoing, Clara Shades reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

Interpretation. Each agreement and provision contained herein is entirely independent. For the purposes of interpreting this deed, the headings of the clauses and their numbering are given by way of indication to facilitate its reading, and may not in any case be used to interpret the meaning of such clauses. In addition, every time the context so requires, any singular word may refer to the plural and vice versa; any use of the masculine pronoun includes the female gender. Finally, any word referring to people include both physical individuals and companies. If any portion hereof is found to be void or unenforceable, the remaining provisions of the warranty shall remain in full force and effect.

Clara Shades reserves the right to amend, modify, or eliminate this Limited Warranty without notice. Any change will not impact products purchased prior to the date of change.

If you have any questions or concerns regarding a Clara Shades product or this warranty, please contact Clara Shades at any of the following.

Contact Clara Shades

Via e-mail: support@clarashades.com
Via phone: +1-844-992-5272.
Please visit www.clarashades.com to find the phone number for Clara Shades support in your region.