Rose Brand Wipers, Inc., doing business as Rose Brand, warrants that any
custom sewn scenery pieces manufactured and sold by us will be of the kind and
quality described in our sales confirmation and invoice and will be free of defects
in workmanship, including stitching. Furthermore, the fabric(s) used to construct
the sewn pieces meet industry standards for woven or knitted textiles.
Any claim of our failure to conform to this warranty must be submitted within one
year from the date of shipment, that is, the invoice date. Rose Brand shall, upon
notification thereof and substantiation that the purchase price for the goods has
been paid in full, that the goods have been stored, installed, maintained, and
operated in accordance with Rose Brand’s recommendations and standard
industry practice, and that no modifications, substitutions, or alterations have
been made to the goods, correct such defect by suitable repair or replacement.
This warranty does not cover the shrinking or stretching of the fabric due to
changes in the temperature and humidity levels of the space in which they are
hung.
The warranty does not apply to unusual, unique, untested or unconventional use
and applications. The warranty does not apply to goods and/or services involving
non-standard design.
This warranty is exclusive and is in lieu of any warranty of merchantability, fitness
for a particular purpose or other warranty of quality, whether expressed or
implied. Correction of non-conformities as provided above shall constitute
fulfillment of all liabilities of Rose Brand to the purchaser, whether based on
contract, negligence, strict tort, or otherwise.
In New York City only , Rose Brand’s warranty of compliance with existing flame
retardancy requirements is extended for a period of three (3) years from the date
of manufacture (invoice date). If clean and unaltered draperies are judged
inadequately flame resistant, Rose Brand will be responsible for remedial action.
