LIMITED WARRANTY – Subject to the requirements, exclusions, and limitations stated below, ARISING INDUSTRIES, INC. (hereinafter “Manufacturer”) warrants for a period of five (5) years from the original date of purchase against any defects in materials and workmanship by Manufacturer to the overall frame structure and associated frame components on all Unit models. These include: main rails, bottom rails, cross members, vertical side posts, exterior walls, roof rails and bows, tongue, A-frame, door frame, coupler, headers, and welds, but does not include any floor boards or running gear. Subject to the requirements, exclusions, and limitations stated below, Manufacturer warrants for a period of one (1) year from the original date of purchase against any defects in materials and workmanship on all other components on all Unit models. This warranty is limited to the first original retail purchaser, and it is not transferrable or applicable to any subsequent purchasers or rental trailers.
EXCLUDED FROM WARRANTY – Some components installed or applied by Manufacturer are excluded from this warranty but may be warranted by the applicable supplier. These include, but are not limited to: axle and axle components, tow in/tow out and camber on axles, rims, springs and suspension components, couplers, jacks, air conditioners, generators, awnings, winches, hydraulics, food service and beverage equipment, refrigerators, stove/cook top, microwave ovens, water heaters, electronics, televisions, VCR, stereo equipment, and furnaces. Manufacturer is not responsible for claims related to: (1) tow vehicle wiring, tow vehicle wear, and damages to any tow vehicle, (2) failure to provide reasonable or necessary repairs/maintenance, (3) damage, wear, or defects resulting from, or repairs required because of, misuse, abuse, or neglect, including but not limited to, overloading (as determined by the gross vehicle weight rating and not payload capacity as shown on the vehicle identification label), improper loading, loose nuts, bolts, or screws, use of improperly torqued lug nuts, altered or incorrect hitch ball or tow hookup, alteration, or accident, (4) certain items including, but not limited to, bearings, magnets, brake shoes, doors, struts, lights, brake linings, tires, and batteries, all of which will not be replaced due to wear, (5) corrosion to the frame, skin, electrical, or other construction materials caused by the presence of any product causing a chemical reaction to the materials used to build the Unit including, but not limited to, fertilizers, cement caustic chemicals, etc., (6) deterioration of paint and/or appearance due to denting, defacing, chipping, scratching, tearing, fading cracks in caulk, exposure to road salt or tar, damage caused by animals, or pressure washing, (7) exterior sheet metal expansion that causes the exterior skin to appear wavy and wrinkled due to weather conditions, (8) any and all items or modifications installed or applied to the Unit by third-parties other than Manufacturer, and (9) screw-less or bonded Units that have panels come loose from the sidewalls – Manufacturer requires that Purchaser bring the trailer to Manufacturer’s plant to have panels repaired by applying screws to the panels on the Unit.
DISCLAIMER OF IMPLIED WARRANTIES, LIMITATION OF DAMAGES, AND VENUE – Any expressed or implied warranty not provided herein, including without implied limitation, any warranties of merchantability or fitness for a particular purpose, and any remedy for breach of contract, which but for this provision might arise by implication or operation of law, are hereby excluded and disclaimed. If they cannot be disclaimed, any implied warranties of merchantability and fitness for any particular purpose are expressly limited to the applicable one-year or five-year term. Under no circumstances shall Manufacturer be liable to Purchaser or any other person for any special, incidental, or consequential damages, whether arising out of breach of warranty, breach of contract, tort, or otherwise. Such damages include, but are not limited to, transportation to and from Manufacturer to get warranty service, loss of time, loss of use, loss of revenues, salaries or commissions, lodging, towing charges, bus fares, car rentals, gasoline expense, telephone charges, inconvenience, and the cost of repairing or replacing other property which is damaged because of a defect in the product. Manufacturer is not responsible for any down time, lost profits, punitive, indirect or direct damages arising from the time associated with paint or other repairs. Notwithstanding anything to the contrary herein, this limited warranty is limited to repair or replacement of parts at Manufacturer’s facility. This warranty is limited to ordinary use within the Contiguous United States only, and is null and void otherwise. Any and all claims or actions to enforce the rights or obligations under this warranty shall be subject to the laws of the state of Georgia, and shall be litigated in the state and/or federal courts of the state of Georgia. Venue shall be considered proper in Fitzgerald, Ben Hill County, Georgia.