Warranty

LIMITED WARRANTY FOR NEW KENTEK PRODUCTS

THIS WARRANTY CONTAINS A DISPUTE RESOLUTION PROVISION THAT REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. PLEASE SEE BELOW “WHAT CAN YOU DO IF YOU HAVE A DISPUTE WITH US?” FOR FURTHER INFORMATION.

GENERAL PROVISIONS: The warranties described below are provided by Kentek Corporation, located at 32 Broadway Street, Pittsfield, New Hampshire 03263 (“Kentek”, "we", or “us”) to the original purchaser of new Kentek manufactured products (“Products”). This limited warranty (“Warranty”) does not extend to any subsequent owner or other transferee of our Products. We may change the availability of this Warranty at our discretion, but any changes will not be retroactive. You are encouraged to review our most current Warranty statement at www.kenteklaserstore.com when making subsequent purchases.

WHAT IS WARRANTED BY KENTEK: During the applicable warranty periods, Kentek warrants that the Products will be free from defects in materials and workmanship. There are no other warranties which extend beyond the face of this Warranty.

WHAT IS NOT WARRANTED BY KENTEK:
This Warranty does not cover products that are distributed, but not manufactured, by Kentek. Such third-party manufactured products carry only those warranties offered by the product manufacturer. We will assist customers in processing warranty claims for third-party products.

This Warranty does not cover any damage due to: (a) transportation or shipping; (b) storage, inadequate maintenance or care; (c) improper use, misuse, or use of our Products except as otherwise intended; (d) failure to follow the product instructions, including but not limited to instructions pertaining to assembly or preventive maintenance; (e) modifications; (f) combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Kentek; (g) unauthorized repair; (h) normal wear and tear; or (i) external causes such as accidents, abuse, vandalism, negligence, or other actions or events beyond our reasonable control.

WHAT ARE YOUR REMEDIES: Pursuant to this Warranty, Kentek will, at its option, either repair or replace any covered Product (or part) which is found to be defective in material or workmanship, during the applicable warranty periods specified below, free of charge (except for fees for shipping, handling, packaging, and return shipping, which are the customer’s responsibility). Such repair or replacement is subject to Kentek’s assessment and verification of any alleged defect or malfunction.

WARRANTY PERIOD: Except for those Products expressly noted in the table below, the warranty period for all Products is one (1) year. Warranty periods start on the original shipment date of your Product. Warranty periods are not extended if we repair or replace any Product.

Subject to the limitations and restrictions in this Warranty, the following Products have extended warranty periods:

Kentek Product Warranty Period
FLEX-GUARD® Laser Barrier Curtains, Blocks, and Shades 5 years
Blackout Curtains, Blocks, and Shades 5 years
Curtain Track and Hardware 5 years
Fabric Components of Laser Barriers 5 years
EVER-GUARD® Laser Barrier Curtains 3 years
All Other EVER-GUARD® Laser Barrier Products 5 years
Eyewear Frames 5 years
Illuminated Signs 2 years

HOW TO OBTAIN WARRANTY SERVICE ON KENTEK PRODUCTS:

To obtain warranty service, you must report any alleged Product defect and obtain a Return Authorization Number (“RAN”) by calling or emailing us during the applicable warranty period at (603) 223-4900, or info@kenteklaserstore.com. If emailing, please include “Return Authorizations” in the header of your email. Photographs showing damage to Products may be required to process requests for RANs. Please have any relevant lot or serial numbers handy when contacting us. Your proof of purchase (invoice) will be required. Claims for defective Products must be made during the applicable warranty period to be subject to this Warranty.

All Products returned for repair or replacement must be authorized by Kentek prior to return shipping. No warranty service will be provided without a RAN. Your RAN must be boldly written on the outside of your return package. Kentek is not responsible and disclaims all liability and responsibility for any package received without a RAN.

Returned Products must be properly packaged to ensure freedom from damage incurred through return shipping and handling. Damages incurred during return shipping are not covered by this Warranty. You will need to contact your carrier. We will assist you with a transportation claim against your carrier. Customers are responsible for all costs of shipping, handling, and packaging of returned Products. All international customers are responsible for all customs duties, VAT and other associated taxes and charges.

Kentek’s approval of a RAN is not a guarantee of Product replacement or repair. We will assess all Products returned in conformance with this Warranty and will promptly respond to you with our assessment (typically within a few business days).

MISSING PARTS: Claims for missing parts on our Products must be made within sixty (60) calendar days after the merchandise is received by contacting us through the methods noted above. If emailing, please include “Missing Parts” in the header of your email. Please have any relevant lot or serial numbers handy when contacting us. Your proof of purchase (invoice) will be required.

LIMITATION OF LIABILITY:

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF IMPLIED WARRANTIES AND OTHER REMEDIES:

EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, TO THE FULLEST EXTENT PERMITTED BY LAW, KENTEK MAKES NO WARRANTIES, REPRESENTATIONS OR PROMISES AS TO THE QUALITY, PERFORMANCE OR FREEDOM FROM DEFECT OF THE PRODUCTS COVERED BY THIS WARRANTY.

NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN

ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT APPLICABLE, SHALL BE LIMITED IN DURATION TO THE APPLICABLE PERIODS OF WARRANTY SET FORTH IN THIS WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.) THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

WHAT CAN YOU DO IF YOU HAVE A DISPUTE WITH US?

The following dispute resolution procedures are the exclusive measures available to you if you believe that we have not performed our obligations under this Warranty. A “Claim” is defined as any dispute, claim or controversy (whether based in contract, tort, statute, regulation, fraud, misrepresentation or any other legal or equitable theory).

Notice of Claim: To notify us of any Claim, please contact us by email at info@kenteklaserstore.com or, send written notice to: Kentek Corporation, Attention Returns Department, 32 Broadway Street, Pittsfield, NH 03263. Please be sure to provide your name, address, and telephone number; identify the Product that is the subject of the Claim; and describe the nature of the Claim and the relief being sought.

Informal Negotiations: Prior to pursuit of any other legal remedy, any Claim between you and us arising from or relating in any way to this Warranty or the sale, condition or performance of any Product will first be subject to informal good faith negotiations and consultations between you and Kentek. All Claims must be in writing and submitted as noted above.

In the event informal good faith negotiations fail to resolve any Claim within sixty (60) days after you’ve notified us of any such Claim, then, either party may, by written notice to the other party, refer such Claim to binding arbitration, and the parties agree that the Claim WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

Arbitration: YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM NOT RESOLVED THROUGH INFORMAL NEGOTIATIONS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. YOU ACKNOWLDGE THAT YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or this Warranty is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on you and us and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on any Claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

If the amount in controversy for any Claim falls within the threshold for filing a small-claims action, either party may elect to pursue a remedy in small-claims court rather than arbitration if written notice of such intention is provided to the other party prior to expiration of the sixty (60) day informal negotiation period noted above. The arbitration or small-claims court proceeding will be limited solely to your (or Kentek’s) individual Claim, and shall not be combined or consolidated with any Claim by any other party.

If any provision of this arbitration provision is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced to the maximum extent permitted by law.

Kentek Corporation
32 Broadway Street
Pittsfield, NH 03263 USA
Main Phone: +1 (603) 223-4900
Email; info@kenteklaserstore.com