Character Warranty Policy
Your Character Products are covered by the Character limited warranty policy. This limited warranty gives you specific legal rights, and you may also have other rights which vary by state, province, or country.
A. Products Covered by this Limited Warranty
This limited warranty extends to the Character hand tools, Tool Tote, Tool Bag or Toolbox manufactured by Character Home, Inc. (“Character”) and purchased directly from Character or Character’s authorized retailers. These products are designed to be used for “do-it-yourself” home improvement projects. This limited warranty does not cover your product if you use it in a manner incompatible with that intended design.
B. Who this Limited Warranty Extends To
This limited warranty extends to the original purchaser of any Character hand tools, Tool Tote, Tool Bag or Toolbox or, in the case of a gift, the original recipient of the product. The “original purchaser,” for the purposes of this limited warranty, is the first purchaser of the item from Character or a Character authorized retailer. The “original recipient” for purposes of this limited warranty, is the first receiver of Character product(s) purchased as a gift from Character or a Character authorized retailer. All Character warranties, including any implied warranties, are valid only for the period of time the product(s) is owned by the original purchaser/original recipient of the product(s). A COPY OF THE PURCHASE RECEIPT IS REQUIRED TO DETERMINE WARRANTY APPLICABILITY.
Character limited warranties are not transferable and not applicable to use of any Character products for commercial or rental purposes.
C. Character’s Limited Warranty and Responsibilities
Character brand hand tools are designed to last for life and come with a limited lifetime warranty. If our tool fails to perform for any reason, we will replace it.
TOOL TOTE & TOOL BAG
The Character Tool Tote and Tool Bag are protected by a limited three-year warranty. If your product fails due to a defect in materials or workmanship within three years from the original date of purchase, we will replace it for you.
The Character Toolbox is protected by a limited one-year warranty. If your product fails due to a defect in materials or workmanship within one year from the original date of purchase, we will fix it for you (or replace it if repair is not possible).
THIS LIMITED WARRANTY DOES NOT COVER THE FOLLOWING:
- “Cosmetic Damage” which is defined as scratches, dents, dings, scuffs, stains, color changes, normal wear and tear, technological obsolescence, or other non-functional changes in the appearance of the product that occur during normal handling and use and which do not impair the functionality of the Character products described in this limited warranty.
- Replacement of any non-defective pieces in the Character product (for example, if you purchase the Character Toolbox and only one component is defective, then we will only replace the defective component).
- Any Character product (whether manufactured by Character or not) sold by resellers, distributors or retailers who are not authorized retailers authorized by Character.
- A Character product that is sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Character product is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
- Repairs or modifications carried out by an unauthorized third party.
- Damage, corrosion, mold or rust caused by lack of maintenance or service.
- Incorrect mounting or installation of third party parts that are incompatible with the Character products.
In the event of a defect or other damage, Character’s sole and exclusive liability and your sole and exclusive remedy under this limited warranty will be, at Character’s option, repair or replacement of your Character product, subject to your fulfillment of “Your Responsibilities” below. Replacement Character products may be provided in a color different from the Character product you originally purchased. For limited edition, discontinued or out-of-stock products covered under the limited warranty, Character guarantees only replacement of a product with equal or greater retail value and does not guarantee exact replacement of the same limited edition, discontinued or out-of-stock item. Character also reserves the right to refund the purchase price in lieu of a repaired or replacement product.
D. Your Responsibilities
In the event of a defect and in order to get the benefit of this limited warranty, you must contact email@example.com and provide Character with proof of the original date of purchase. If shipping costs are applicable to return your item, you will not be responsible for those costs. Evidence of a defect and any claims must be sent to the address set forth at the end of this limited warranty.
Character will repair or replace (as applicable) and either service your product or ship your Character hand tool, Tool Tote, Tool Bag or Toolbox back to you within 30 days of receiving your original product. You will not be responsible for any shipping costs associated with shipping the replaced or repaired item.
Replaced or repaired Character hand tools, Tool Tote, Tool Bag and Toolbox are subject to the same limited warranty as the original purchase.
E. Disclaimer, Limitation on Liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE ITEM IS PROVIDED “AS IS” AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL CHARACTER OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE CHARACTER HAND TOOLS, TOOL TOTE OR TOOLBOX OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF CHARACTER HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CHARACTER’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE CHARACTER HAND TOOLS, TOOL TOTE OR TOOLBOX GIVING RISE TO SUCH LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
THIS WARRANTY DOES NOT APPLY TO YOU TO THE EXTENT THAT IT WOULD SUBJECT CHARACTER TO REGULATION AS AN INSURANCE COMPANY IN A GIVEN STATE.
YOU AND CHARACTER ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med 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 the agreement 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 each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
G. Governing Law and Forum Choice
This limited warranty and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Illinois, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section F “Arbitration” the exclusive jurisdiction for all Disputes that you and Character are not required to arbitrate will be the state and federal courts located in the State of Illinois, and you and Character each waive any objection to jurisdiction and venue in such courts.
Character Home, Inc.
321 N Loomis Street Suite 101
Chicago, IL 60607