The Pallet Shelter model purchased by you (“Shelter”) is designed to provide a safe, reliable, and compact shelter for up to four adult people for use as temporary housing. By purchasing a Pallet Shelter, you accept the terms and conditions of this Limited Warranty (the “Limited Warranty”).
Warranty Detail
WHO MAY USE THIS LIMITED WARRANTY?
Pallet PBC, a Delaware public benefit corporation (“we”, “Pallet,” “our” or “us”) extends this Limited Warranty only to the business, governmental entity or commercial entity who originally purchased the Shelter (“you” or “Purchaser”). Subject to the terms and conditions of any written purchase and sale agreement between you and Pallet, this Limited Warranty does not extend to, and is not assignable to, any subsequent owner, transferee, assignee or user/resident of the Shelter.
WHAT DOES THIS LIMITED WARRANTY COVER?
This Limited Warranty only covers defects in materials and workmanship of the Pallet Shelter and the following list of products under Normal Use and Maintenance (each, a “Defect”) for the “Warranty Period” as defined below (collectively with the Shelter, the “Products”):
“Normal Use and Maintenance” includes the use and habitation of the Shelter by no more than four (4) adults on a level and stable outdoor surface, while following the Shelter User Manual and Product Instructions provided by Pallet to you from time to time. Normal Use and Maintenance does not include any other use or maintenance not specified herein.
Pallet reserves the unrestricted right to change the parts and designs of its Products from time to time without notice and with no obligation to make corresponding changes in the Products previously manufactured and delivered to you.
WHAT DOES THIS LIMITED WARRANTY NOT COVER?
This Limited Warranty does not cover any damage to any Product due to:
(a) transportation of any Product;
(b) storage of any Products, including, without limitation, the disassembly or movement of any Shelter by anyone not authorized by Pallet;
(c) improper use of any Products, including, without limitation, improper maintenance or cleaning of any Product, or failing to use any Product under Normal Use and Maintenance;
(d) failure to follow the Assembly Manual or Product Instructions provided by Pallet to you;
(e) modifications, alterations, additions, attachments or other manipulations to the Shelter or any other Product not expressly authorized by Pallet in writing, including, without limitation, any disassembly, rewiring or use of any non-Pallet approved products, or the attachment of non-Pallet approved awnings, covers or other structures;
(f) unauthorized repair or replacement of any Product;
(g) normal wear and tear, including, without limitation, normal signs of weathering;
(h) any damage by fire, flood, water, earthquake, earth movement, hail, wind, insects, mold, mildew, vegetation, damage from sprinklers, adverse weather conditions, vandalism, theft, act of God, accident or other event, or a casualty which is customarily covered by homeowners’ insurance;
(i) external causes such as accidents, malfunctions, damage, abuse or other actions or events beyond our reasonable control, including, without limitation, any accidents, damage, malfunctions, abuse or other actions caused by any subsequent owner, transferee or user/resident of the Products; or
(j) any Product that is assembled by non-Pallet personnel, unless Pallet (a) trains those responsible for the assembly, (b) quality checks the assembly, and (c) both Purchaser and Pallet sign a mutually agreeable certification that the assembly has been satisfactorily performed at the conclusion of the project.
Furthermore, unless expressly included above, the Limited Warranty does not cover items, accessories, parts and products supplied by third party suppliers or manufacturers (collectively, “Third-Party Products”) incorporated into or provided or offered with the Shelter or the Products related thereto. The following list is not exhaustive and is for illustrative purposes only:
Pallet makes no warranties whatsoever with respect to the Third-Party Products incorporated into or provided or offered with your Shelter. The supplier or manufacturer of these Third-Party Products may have warranties on such Third-Party Products which may be different from or exceed the Limited Warranty set forth above. Without expanding Pallet’s Limited Warranty herein, Pallet will, to the extent reasonably possible and permissible, pass through to you all available warranties and provide all available applicable original equipment manufacturer information for Third-Party Products set forth herein. Notwithstanding the foregoing, Pallet assumes no liability thereunder and the Purchaser must assert any claim under such warranties against such supplier or manufacturer of the applicable Third-Party Products.
FOR THE AVOIDANCE OF DOUBT, ANY MODIFICATIONS, ADDITIONS, ALTERATIONS OR OTHER MANIPULATIONS OF THE PRODUCTS OF ANY KIND THAT ARE NOT EXPRESSLY APPROVED BY PALLET IN WRITING WILL VOID THIS LIMITED WARRANTY.
UNLESS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY, THE LIMITED WARRANTY DOES NOT APPLY TO ANY NON-PALLET PRODUCTS, OR CONSUMABLES (SUCH AS BATTERIES), EVEN IF PACKAGED OR SOLD WITH THE SHELTER OR EMBEDDED IN ANY PRODUCT.
PALLET MAKES NO WARRANTY ON WORKMANSHIP FOR PRODUCTS CONSTRUCTED OR ASSEMBLED BY ANYONE OTHER THAN PALLET OR SUBCONTRACTORS WORKING ON ITS BEHALF.
PALLET DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR PALLET ANY OTHER OBLIGATIONS OR LIABILITY IN CONNECTION WITH ITS PRODUCTS, AND PALLET IS NOT RESPONSIBLE FOR ANY REPRESENTATION, PROMISE OR WARRANTY MADE BY ANY RESELLER, DEALER, OR COMPONENT MANUFACTURER, OR OTHER PERSON BEYOND WHAT IS EXPRESSLY STATED IN THIS LIMITED WARRANTY.
WHAT IS THE PERIOD OF COVERAGE?
This Limited Warranty starts on the date of delivery of the Shelter and lasts for two (2) years (the "Warranty Period"). The Warranty Period for the Shelter electrical system and components shall be thirty (30) days from the Shelter’s connection to electrical utilities. The Warranty Period is not extended if we repair or replace a Product. We may change the availability of this Limited Warranty at our discretion, but any changes will not be retroactive.
WHEN DOES THE COVERAGE PERIOD BEGIN?
The Warranty Period begins when the Product is delivered to either a project site or storage site.
IS ANYTHING REQUIRED TO TRIGGER MY RIGHTS UNDER THE WARRANTY?
Yes. Your rights under this Limited Warranty will not take effect and will not be available to you unless and until you participate in the completion of a shelter inspection checklist within three (3) days after assembly of a Shelter. If Pallet assembles the Shelter, Pallet will initiate this process and you will be required to provide a representative to participate in the inspection. If you choose to assemble your own Shelter, you must complete and supply to Pallet a Shelter inspection checklist within the required time. A Pallet hygiene or laundry unit must be inspected within seven (7) days of connection to water and electrical utilities. Any failure to participate in or conduct the required inspection checklist shall not toll, delay, or stay the applicable Warranty Period, which shall begin running on the date of delivery as described herein.
WHAT ARE YOUR REMEDIES UNDER THIS LIMITED WARRANTY?
Subject to the terms of this Limited Warranty, during the Warranty Period, we will repair or replace a Product that fails under Normal Use and Maintenance due to a Defect.
If a Defect arises and a valid Warranty Claim is received by Pallet within the Warranty Period, Pallet will, at its sole and exclusive option and to the extent permitted by law, either: (1) repair the Product at no charge, using new or refurbished replacement parts; or (2) replace the Product with a new or refurbished Product, as applicable.
In the event of a Defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. Any replacement Product will be warranted subject to the terms of this Limited Warranty for the remainder of the original Warranty Period.
Purchaser acknowledges that no other representations or warranties were made to or relied upon by it with respect to the quality or function of the Products sold to Purchaser.
HOW DO YOU OBTAIN WARRANTY SERVICE?
To obtain warranty service under this Limited Warranty for a Defect, you must first contact us in writing at support@palletshelter.com prior to the expiration of the Warranty Period and within thirty (30) days of discovering the Defect, specifying (a “Warranty Claim”):
(a) your name and contact information;
(b) your Product order and original proof of purchase;
(c) the alleged defective Product associated with your Shelter; and
(d) details of the alleged Defect, including photographs, videos and reports associated with the Defect.
After receipt of a valid Warranty Claim, we must be provided a reasonable opportunity to inspect, examine and investigate the alleged Defect and an opportunity to cure. We may also require you to send us the alleged defective Product before we determine whether warranty service will be provided. In the case of Third Party Products covered by the warranty of another supplier or manufacturer, we will submit the existing supplier’s or manufacturer’s warranty to you to the extent reasonably possible.
While our goal is your satisfaction with the Shelter and associated Products, the decision to repair or replace defective Products is at OUR SOLE AND EXCLUSIVE DISCRETION.
If our examination and investigation of a Warranty Claim shall disclose to our satisfaction that the repair or replacement of materials or workmanship in your Products is necessary due to a Defect, our repair and/or replacement of such Products shall constitute fulfillment of all liabilities of Pallet under this Limited Warranty.
For damages or repairs that are outside of the scope of the Limited Warranty, including, without limitation, Defects that are not reported to Pallet within thirty (30) days of discovery, Pallet offers replacement Products for a fee (as determined by Pallet) for a period of up to 10 years after date of delivery of the Shelter. Costs vary based on the specific Product, the extent of the repair, and the location of the Pallet Shelter and applicable Products.
WHAT ARE THE DISCLAIMERS TO AND LIMITATIONS OF THE LIMITED WARRANTY?
PALLET SHELTER IS DESIGNED FOR TEMPORARY USE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE AND LIABLE FOR ANY USE OF THE SHELTER BY ANY END USER OR RESIDENT.
YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR DETERMINING WHETHER PALLET SHELTER IS SAFE TO USE IN ANY SPECIFIC CIRCUMSTANCE IN WHICH YOU USE IT. BY DEPLOYING AND/OR USING ANY PRODUCTS, YOU VOLUNTARILY ACKNOWLEDGE AND ASSUME ALL RISK OF HARM, INJURY AND DAMAGE, BOTH KNOWN AND UNKNOWN. WE ARE NOT RESPONSIBLE FOR ANY HARM, INJURY OR DAMAGE CAUSED TO ANY PERSON OR PROPERTY BY UNSAFE, ABNORMAL OR INCORRECT USE OF ANY PRODUCT.
OTHER THAN AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY OR AN APPLICABLE STATEMENT OF WORK FOR THE MANUFACTURING AND DELIVERY OF PRODUCTS, YOU AGREE THAT WE ARE PROVIDING ALL PRODUCTS “AS-IS,” “WHERE-IS,” WITH ALL FAULTS AND DEFECTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY, TO THE FURTHEST EXTENT ALLOWED BY APPLICABLE LAW, PALLET HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY AND EVERY KIND WITH RESPECT TO THE PRODUCTS OR THIRD-PARTY PRODUCTS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUALITY, SUITABILITY, AND/OR ADEQUACY.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, that vary from state to state.
WHAT ARE PALLET’S LIMITATIONS OF LIABILITY?
THE OBLIGATIONS OF PALLET UNDER THIS LIMITED WARRANTY DO NOT CONSTITUTE PERSONAL OBLIGATIONS OF THE INDIVIDUAL OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS OR AFFILIATES OF PALLET, AND YOU SHALL NOT SEEK RECOURSE AGAINST THE SAME FOR SATISFACTION OF ANY LIABILITY WITH RESPECT TO THIS LIMITED WARRANTY.
TO THE FURTHEST EXTENT ALLOWED BY APPLICABLE LAW, PALLET, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR INJURY TO YOU OR YOUR BUSINESS OR LOSS OF INCOME THEREFROM, OR FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR EXPENSES, LOSSES, OR INJURIES WHICH MAY BE SUSTAINED BY YOU, YOUR EMPLOYEES, INVITEES, LICENSEES, CUSTOMERS, AGENTS, REPRESENTATIVES, CONTRACTORS, END USERS/RESIDENTS, OR ANY OTHER PERSON OR PROPERTY, IN CONNECTION WITH THE USE OF THE PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY PRODUCTS), OR WHICH RESULT FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, BREACH OF CONTRACT, OR OTHERWISE), EVEN IF PALLET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF PALLET UNDER THIS LIMITED WARRANTY, INCLUDING LABOR, IS LIMITED TO THE ORIGINAL PURCHASE PRICE OF THE PRODUCT THAT IS THE SUBJECT OF THE WARRANTY CLAIM.
Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages. In those jurisdictions, Pallet hereby excludes and eliminates such damages to the furthest extent allowed by applicable law.
HOW DOES STATE LAW APPLY TO THIS LIMITED WARRANTY?
This warranty shall apply only within the boundaries of North America. Unless otherwise governed by applicable federal law, this Limited Warranty will be exclusively governed and interpreted by the laws of the state of Washington, without reference or regard to Washington’s conflict of laws provisions.