Kendon Factory Extended Limited Warranty or Service Contract

I. SERVICE CONTRACT OR LIMITED WARRANTY: IF YOU PURCHASED YOUR TRAILER, AS INCORPORATED WITHIN THE RECEIPT, IN ALABAMA, CALIFORNIA, HAWAII, KENTUCKY, ILLINOIS, NEVADA, NEW YORK, OKLAHOMA, OREGON, SOUTH CAROLINA, TEXAS, VERMONT, WASHINGTON, OR WYOMING, THIS DOCUMENT IS A SERVICE CONTRACT. OTHERWISE, IT IS AN EXTENDED LIMITED WARRANTY.

II. FEE: You were charged a one-time fee to receive this Extended Limited Warranty (hereinafter the “Warranty”) or Service Contract (hereinafter the “Contract”). There is no additional monthly or annual service fee. There is a $50 fee to transfer ownership of this Extended Limited Warranty or Service Contract (please see Section IIX,A).

III. WHAT THIS AGREEMENT COVERS:

A. COVERAGE IF IT IS AN EXTENDED LIMITED WARRANTY:

1. Kendon Industries, LLC (hereinafter “Kendon”) warrants your individually owned Kendon trailer (hereinafter the “Product”) against defects in material and workmanship under normal use and service. THIS WARRANTY COVERS THE TRAILER ONLY AND NOT ITS ACCESSORIES OR TIRES, INCLUDING THOSE INCLUDED WITH THE ORIGINAL PURCHASE. Please see Section IV for details of what is covered by the Warranty.

2. At its option, Kendon will replace or repair the Product during the warranty period at no charge in accordance with the terms of this Warranty. The replacement parts may be new or reconditioned as available. All Products replaced by Kendon shall become the property of Kendon. Repairs may be performed by any Factory Authorized Kendon Dealer with a repair facility. All warranty repairs must be authorized prior to performing the repair. If there is no Factory Authorized Kendon Dealer with a repair facility within 100 miles of your location, you may choose a local shop willing to perform the repair. A written repair estimate is required prior to performing the repair.

B. COVERAGE IF IT IS A SERVICE CONTRACT:

1. If there is a defect (including pre-existing) in the material and/or workmanship of your individually owned Kendon trailer (hereinafter the “Product”), and the Product has been subject only to normal use and service, Kendon agrees to repair or replace the Product at no charge in accordance with the terms of this Service Contract. The replacement parts may be new or reconditioned as available. All Products replaced by Kendon shall become the property of Kendon. Repairs may be performed by any Factory Authorized Kendon Dealer with a repair facility. All warranty repairs must be authorized prior to performing the repair. If there is no Factory Authorized Kendon Dealer with a repair facility within 100 miles of your location, you may choose a local shop willing to perform the repair. A written repair estimate is required prior to performing the repair. THIS SERVICE CONTRACT COVERS THE TRAILER ONLY AND NOT ITS ACCESSORIES OR TIRES, INCLUDING THOSE INCLUDED WITH THE ORIGINAL PURCHASE.

IV. COVERED ITEMS AND COMPONENTS
– Frame (failure, cracks or breaks in the metal, weld failure)
– Coupler
– Wheel chock(s) and rails
– Decking (aluminum diamond plate and expanded steel)
– Fenders
– Factory lights
– Original equipment ramp
– Rear section hinges
– Casters (bearing failure only)
– Wiring harness
– Stickers, rubber components, plastic caps, hardware, etc.
– Note: The axle, hubs, bearings, and seals are protected by a limited five-year manufacturer’s warranty by the axle manufacturer, Tie Down Engineering. Tires are not covered by any warranty.

V. WHAT THIS WARRANTY OR SERVICE CONTRACT DOES NOT COVER:
– Damage sustained prior to Factory Extended Warranty purchase
– Paint damage from normal use
– Rims that rust, chip, or peel or are damaged or bent by road hazards, misuse, or improper care
– Dents, dings, scratches or chips
– Damage caused by misuse, abuse, neglect, or proper maintenance
– Damage caused by any accident, collision, or road hazard
– Damage caused by any criminal act or a deliberate act to cause damage
– Damage caused by dirt, stones or rocks
– Damage caused by acts of God, nature, riot or war
– Damage caused by improper loading and unloading
– Personal injury caused by any action above or any other action, deliberate, accidental, or by failure of any part covered or uncovered by this extended warranty
– Any damage to any personal property, including but not limited to vehicle(s) loaded or unloaded
– Any damage to the towing vehicle
– Any damage to anything except the covered trailer
– Loss or damage due to theft or misplacement of trailer items
– Damage caused by improper securing of the vehicle or cargo being towed
– Damage caused by failure of anything that is securing the tow load to the covered trailer (tie downs, wheel locks, etc.)
– Damage caused by any and all after market products
– All products not sold by Kendon or authorized by Kendon
– All aftermarket products
– Weld failure caused by accidents or improper maintenance
– Tires or tire wear/failure of any kind
– The wiring harness if damaged where it plugs in to the towing vehicle
– Damage to the hinge points on the rear of the trailer and the trailer tail section caused by towing open and empty, improper care and maintenance, or improper loading or unloading
– All shipping costs for repair or replacement parts or trailer
– Towing or transportation to a repair facility

VI. HOW LONG THIS WARRANTY OR SERVICE CONTRACT LASTS: Kendon will provide the warranties or benefits, described in Paragraph III, for exactly four (4) additional years from the date exactly one year after the original purchase of the trailer. The original one-year Kendon Factory Warranty will remain in effect, providing a total of five (5) years of Kendon Factory Warranty.

VII. HOW TO GET YOUR PRODUCT REPAIRED OR REPLACED UNDER THIS AGREEMENT: To repair or replace your Product, please contact Kendon directly by calling 714-630-7144 or 1-800-847-8618.

VIII. YOUR OBLIGATIONS UNDER THIS WARRANTY OR SERVICE CONTRACT: You must use the Product in a normal way; you must protect against further damage to the Product if there is a covered defect; you must follow the Product’s instruction manual. FAILURE TO FOLLOW THE PRODUCT’S INSTRUCTION MANUAL, INCLUDING IMPROPER TIE-DOWN OF VEHICLES TO THE TRAILER, WILL RESULT IN DENIAL OF WARRANTY OR SERVICE.

IX. HOW AND WHEN WE MAY TERMINATE THIS WARRANTY OR SERVICE CONTRACT:

A. Kendon may terminate this Warranty or Contract if you: (1) fail to pay an amount when due; (2) commit fraud or make a material misrepresentation in obtaining this Service Contract, or in presenting a claim; or (3) perform any act or omission or violate any condition of this Service Contract, after the effective date of this Service Contract that substantially and materially increases the service required under this Service Contract. Cancellation of this Warranty or Service Contract by Kendon will be effective fifteen (15) days after you receive the notice of cancellation.

B. If within thirty (30) days of receiving this Warranty or Service Contract you wish to cancel service and you have not made a claim under this Warranty or Service Contract, simply notify Kendon and we will refund all fees paid up to the date of termination.

IIX. OTHER CONDITIONS:

A. This Warranty or Service Contract may be transferred to a new buyer/owner by paying a transfer fee of fifty (50) dollars. Please contact Kendon directly by calling 714-630-7144 or 1-800-847-8618 to complete the transfer.

B. This is Kendon’s complete Warranty or Service Contract for your Product. Kendon assumes no obligation or liability for additions or modifications to this Warranty or Service Contract unless made in writing and signed by an officer of Kendon. If this document is a Warranty, Kendon does not warrant the assembly, maintenance or service of the Product, accessories, or tires.

C. Kendon cannot be responsible in any way under this Warranty or Service Contract for any ancillary equipment attached to or used in connection with the Product, or for operation of the Product with any ancillary equipment. All such equipment is expressly excluded from this Warranty or Service Contract. Furthermore, Kendon cannot be responsible for any damage to the Product resulting from the use of ancillary equipment not furnished by Kendon for use with individually owned equipment.

D. When the Product is used in conjunction with ancillary or peripheral equipment not furnished by Kendon, Kendon does not warrant, and shall not supply service in connection with, the operation of the Product/peripheral combination, and Kendon will honor no warranty or service claim where the Product is used in such a combination and it is determined by Kendon that there is no fault with the Product. Kendon specifically disclaims any responsibility for any damage caused in any way by the use of product accessories and peripherals when such accessories and peripherals are not furnished by Kendon.

IX. GENERAL PROVISIONS IF THIS IS A WARRANTY:

A. This Warranty sets forth our responsibilities regarding the Product. Repair or replacement of the Product, as described herein, is your exclusive remedy. THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER EXPRESS WARRANTIES, IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY.

B. IN NO EVENT SHALL KENDON BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT, FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS OR OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES OR ATTORNEYS’ FEES ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.

C. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

X. GENERAL PROVISIONS IF THIS IS A SERVICE CONTRACT:

A. This Service Contract sets forth our responsibilities regarding the Product. Repair or replacement of the Product, as described herein, is your exclusive remedy. THIS DOCUMENT IS NOT A WARRANTY.
B. Obligations of Kendon under this Service Contract are backed by the full faith and credit of Kendon.