Express Limited Warranty March 1, 2013

Scope

This Express Limited Warranty applies to Lexington Home Brands (“Lexington”) case goods and upholstered furniture products that have been purchased from a factory-authorized dealer. This includes products manufactured or marketed under the Lexington brand as well as all licensed brands manufactured or marketed by Lexington. Rights under this warranty apply only to the original purchaser and must be pursued through the authorized dealer of original purchase. Under the terms of this limited warranty, Lexington warranty obligations are limited to the terms set herein. Specifically Lexington may repair the item, replace the item, or offer an allowance for the original consumer to retain the item in “as-is” condition. Such choice of repair, replacement, or allowance is strictly at the sole discretion of Lexington.

No Implied Warranties

THIS WARRANTY IS THE ONLY WARRANTY PROVIDED BY LEXINGTON. THE WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE, AND ARE IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUATORY, EXPRESS OR IMPLIED. NO EMPLOYEE, REPRESENTATIVE, AGENT, DEALER OR ANY OTHER PERSON HAS THE AUTHORITY TO ASSUME OR INCUR ON BEHALF OF LEXINGTON ANY OBLIGATION OR LIABILITY IN PLACE OF, OR ADDITION TO, THIS WARRANTY, OR TO MODIFY IT IN ANY WAY. LEXINGTON EXPRESSLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND THAT THE GOODS ARE FIT FOR ANY PARTICULAR PURPOSE. LEXINGTON ASSUMES NO RESPONSIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF LEXINGTON CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.

General Limitations

1. This warranty is voided if the product is modified or altered in any way after shipment from Lexington.
2. This warranty is voided if anything, including but not limited to a treatment of any nature, is applied to the product after the original factory packing has been opened.
3. Lexington reserves the right to modify the product from its form shown on showroom floors or in catalogs. Such modifications are not considered defects under this warranty.
4. Freight or handling damages are not considered defects under this warranty. Such claims should be filed with the freight carrier.
5. This warranty applies under conditions of normal residential usage. It does not apply to defects or damage resulting from negligence, abuse or misuse – including but not limited to inadequate or improper maintenance, exposure to water, salt air, chemicals, accidents, any use for which the product was not designed, or commercial use (including rental, business, commercial, institutional or any non-residential use), nor does it cover ordinary wear-and-tear.
6. Because of the natural materials used in the manufacturing process, and the fact that the product is generally handmade, minor variations will occur from piece to piece. These are not considered defects under this warranty.
7. Stone and marble contain vein-lines, hairline fissures, pores and color variations that are natural characteristics and are not considered defects under this warranty.
8. Sunlight will cause wood, finishing materials, and fabrics to change color – these changes are not considered defects under this warranty.
9. Extremes in temperature and humidity can cause both wood and finishing materials to shrink, swell, warp, split, and glue seams to fail. These damages are not considered defects under this warranty.
10. Direct contact with rubber and some types of plastic materials may damage the finish. Such damage is not considered a defect under this warranty.
11. Direct contact with petrochemical products, (nail polish remover, alcohol, etc.) will damage the finish. Such damage is not considered a defect under this warranty.
12. Woven materials, including but not limited to wicker, sea grass, and other similar materials are comprised of individual strands that can move, causing unfinished areas to show under the strands or the finish to slightly peel where it bridges between strands. These characteristics are not considered defects under this warranty.
13. Catalogs, video and promotional materials may feature images showcasing items of Lexington indoor products in an outdoor setting. This is for creative purposes only, and not an indication that the product is suitable for outdoor use. Damage due to exposure to outdoor elements is not considered a defect under this warranty. Tommy Bahama Outdoor Living products will be specifically identified as being designed for outdoor use and their express limited warranty is a separate document.
14. Neither this nor any other warranty, express or implied, is offered by Lexington for any electrical devices, including but not limited to lighting fixtures, surge protectors, or computer, electronic or multi-media management devices that may be included with your Lexington product. Some Sligh products come with a built -in surge protector that is covered under a separate warranty and not included under the terms and conditions of this Express Limited Warranty.

CASE GOODS PRODUCTS - Specific Provisions

Case Goods – Limited One (1) Year Warranty

Subject to the General Limitations contained herein, Lexington warrants the products covered by this warranty to be free from defects in material and workmanship for a term of one (1) year from the date of purchase by the original purchaser.

UPHOLSTERED PRODUCTS - Specific Provisions

Frame - Limited Lifetime Warranty

Subject to the General Limitations contained herein, the upholstery frame is warranted by Lexington against defects in materials and workmanship for the life of the product to the original purchaser, as long as it remains upholstered in the original fabric or leather, and is used under normal wear and normal conditions.

Spring System – Limited Lifetime Warranty Subject to the General Limitations contained herein, the spring system in the upholstery frame is warranted by Lexington against defects in materials and workmanship for the life of the product to the original purchaser, as long as it remains upholstered in the original fabric or leather, and is used under normal wear and normal conditions.

Cushions - Limited Five (5) Year Warranty Lexington uses premium high-resiliency cushioning materials in all its cushion constructions. Subject to the General Limitations contained herein, cushions are warranted by Lexington against the abnormal loss of resiliency for five (5) years from the date of purchase by the original purchaser, as long as the cushion is used under normal wear and normal conditions. Abnormal wear and loss of resiliency should not be confused with flattening of the foam and fibers, which are considered normal wear and are not considered defects under this warranty.

Motion Mechanisms - Limited Three (3) Year Warranty Subject to the General Limitations contained herein, motion mechanisms, including mechanisms for swivel chairs, swivel rockers, desk chairs, reclining chairs and sleep sofas are warranted to be free from defects in workmanship, materials and construction for three (3) years from the date of purchase by the original purchaser, as long as the upholstered furniture is used under normal wear and normal conditions.

Fabric and Leather – Limited One (1) Year Warranty

Subject to the General Limitations contained herein, fabric and leather coverings, (excluding Customer’s Own Material), are warranted to be free of manufacturing defects for one (1) year from the date of purchase by the original purchaser against seam slippage, mis-weaves, breakdown, shrinkage, loss of nap, and dye transfer as long as the upholstered furniture is used under normal wear and normal conditions.

Warranty Claims

1. All claims for warranty service must be made in writing, and accompanied by your name, address, phone number, your original proof of purchase (original dated sales receipt), appropriate documentation confirming date of delivery and a brief description of the defect.
2. In order to determine if a defect exists and how to best arrange repair, replacement or allowance, Lexington may require photographs of the defect or a personal inspection by a Lexington representative. 
3. Claims must be made through the dealer where the furniture was originally purchased. If the original dealer is not accessible, please contact Lexington directly for assistance at 1300 National Highway, Thomasville, NC 27360, Attn: Consumer Services or at info@lexington.com.
4. Lexington will not be responsible for transportation, shipping or packing charges without prior written approval by a Lexington Consumer Services Manager.