Chester 10-Year Limited Warranty
Your Chester luggage is covered by a 10-year limited warranty. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
A. Products Covered by this Limited Warranty
This limited warranty extends to Luggage manufactured by Chester Travels (“Chester”) and purchased directly from Chester or Chester’s authorized retailers (the “Luggage”). Luggage is designed to be used for travel by air, car, train, boat, and foot. This Warranty does not cover your Product if you use it in a manner incompatible with that intended design.
B. Who this Warranty Extends To
This limited warranty extends to the original purchaser of any Luggage. All Chester warranties, including any implied warranties, are valid only for the period of time the Luggage is owned by the original purchaser of the Luggage. The “original purchaser,” for the purposes of this warranty, is the first purchaser of the Luggage from Chester or an Chester authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Chester limited warranties are not transferable.
C. Chester’s Limited Warranty and Responsibilities
Chester warrants the Luggage in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) forever, when the Luggage is used normally for its intended purposes.
D. What this 10-Year Limited Warranty Covers
THIS LIMITED WARRANTY APPLIES TO THE FOLLOWING DEFECTS:
- Cracks or breaks in the shell
- Wheels, handles, or telescoping handles that break off and are no longer usable
- Zippers that can no longer be opened or closed
THIS LIMITED 10-Year WARRANTY DOES NOT COVER THE FOLLOWING:
- Scratches, dents, or stains that are normal during the handling of Luggage and do not impair the functionality of the product.
- Replacement of any non-defective pieces in the Chester luggage system (for example, if you purchase luggage with multiple components and only one component is defective, then we will only replace the defective component).
- Any luggage (whether manufactured by Chester or not) sold by resellers who are not authorized retailers.
- Luggage sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Luggage is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
In the event of a Defect, Chester’s sole and exclusive liability and your sole remedy under this limited warranty will be, at Chester’s option, to provide a repaired or replacement Luggage, subject to your fulfillment of “Your Responsibilities” below. Replacement Luggage may be provided in a color different from the Luggage you originally purchased.
E. Your Responsibilities
In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Luggage to Chester and provide Chester with proof of the original date of purchase. Should shipping costs be required to return your Luggage, 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. If you wish to replace your Luggage with more expensive Luggage (an “Upgrade Luggage”), then please e-mail Chester at the e-mail address set forth at the end of this limited warranty. You will be required to pay the difference between the original purchase price of the Luggage and that of the Upgrade Luggage, plus the cost of any related additional system pieces necessary for such Upgrade Luggage.
Chester will repair or replace (as applicable) and ship your Luggage or Upgrade Luggage back to you within 90 days of receiving your original Luggage. You will not be responsible for any shipping costs associated with shipping replaced or repaired Luggage.
Replaced or repaired Luggage is subject to the same limited warranty as the original Luggage.
F. Disclaimer, Limitation on Liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE LUGGAGE 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 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 CHESTER 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 LUGGAGE 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 CHESTER HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CHESTER’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE LUGGAGE 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.
In the event a dispute arises between you and Chester arising out of this Limited Warranty, such dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). More information about the AAA is located at www.adr.org, or you can call the AAA at 1-800-778-7879.
You must seek arbitration for disputes arising out of this Limited Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act. If you choose to pursue any rights and remedies that are not created by Title I of the Magnuson Moss Warranty Act, then arbitration is not required.
Arbitration will take place in New York, New York.
The arbitration will not be combined with any other proceeding or arbitration against one of the parties. Each party will designate one arbitrator and the two designated arbitrators will select a third arbitrator, who will serve as the chair of the arbitration panel. If the two arbitrators cannot agree on the third arbitrator, then the AAA will appoint the third arbitrator. Barring extraordinary circumstances, the arbitrators will issue their decision within 120 days from the date the third arbitrator is selected by the two designated arbitrators or appointed by the AAA. The arbitrators may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrators’ award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. A dissenting decision will also be set forth in writing. The arbitrators’ award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.
H. Governing Law
This limited warranty will be governed by the laws of the State of New York.
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