WARRANTY, DAMAGE AND INDEMNITY

If we custom build furniture for you, including without limitation providing any item of furniture in accordance with your plans, pictures, diagrams or other instructions, you represent and warrant that you have obtained on our behalf (and at no cost or expense to us) all rights and licenses required for us to build, sell and distribute such furniture.

All Kovet Hospitality products are sold with a limited warranty against defects in materials and workmanship for a period of one year from the date of shipment in normal contract use.

This warranty does not extend to any COM nor does it extend to any damage caused by shipping, misuse, abuse, excessive use, or ordinary wear and tear. No warranty whatsoever is made or implied for any loss of use, loss of revenue or for any upholstery fabric.

Exposed wood frames are guaranteed against defective workmanship for one year. Sofa and lounge chair frames are warranted for five years. All warranty service work will be done at our factory, on-site by a factory certified technician, or by a Kovet Hospitality certified upholstery or refinishing company. In the event the repair should be done at our factory, the customer would be responsible for shipping charges to the factory. The warranty is valid only for manufacturer’s specified use. We reserve the option to repair or replace any damaged items, not including upholstery fabric, if reupholstery is required.


EXCEPT AS PROVIDED ABOVE, KOVET HOSPITALITY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS PROVIDED INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO DESIGN, CONDITION, OR QUALITY, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS, CAPACITY, OR DURABILITY FOR ANY PARTICULAR PURPOSE OR USE, AND YOU ACCEPT SUCH PRODUCTS AND “AS IS” AND “WITH ALL FAULTS.”


IN NO EVENT WILL KOVET HOSPITLITY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, OR USE, INCURRED BY CUSTOMER OR ANY OTHER PARTY (WHETHER BASED UPON CONTRACT, TORT, NEGLIGENCE, WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, AND/OR OTHERWISE AND WHETHER OR NOT KOVET HOSPITLITY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE).


You will indemnify, defend and hold Kovet Hospitality and each of its officers, directors, employees, representatives and agents harmless from and against any and all personal injury, property damage, liability, claims, causes of action, judgments, losses, damages, and expenses (including, but not limited to, reasonable attorneys’ fees and expenses) relating to or arising from (i) any action, claim or proceeding arising from or relating to your or any third party’s use of any product provided by Kovet Hospitality, (ii) your breach of any provision of these terms and conditions, or (iii) your breach of representation or warranty.