This Two-Year Extended Limited Warranty Contract (the “Agreement”) is a contract between You, the original purchaser and consumer (“You”), and Delta Children’s Products Corp. (“We”, “Us” or the “Company”), 1147 West 26th Street, New York, New York 10001. The obligations of the Company under this Agreement are backed by the full faith and credit of the Company. Set out below are additional terms, conditions and disclosures, including terms, conditions and disclosures that apply to plans sold in specific jurisdictions as outlined in the Special Jurisdictional Requirements section of this Agreement.
- The term “Covered Product” refers to the product this Agreement was purchased to cover.
- You are eligible to purchase this Extended Limited Warranty within 60 days of purchase of the Covered Product.
- This Agreement provides coverage only if You are the original purchaser of a Covered Product from an authorized dealer or authorized retailer of the Company and the product is registered within 60 days of purchase of the Covered Product at http://www.deltachildren.com.
- If damage listed in the What Is Covered section occurs during the Term of this Agreement, We will provide You, in our sole discretion, with a replacement part or with a replacement of the Covered Product in its entirety with a new product as outlined in the Coverage Procedures section of this Agreement (“Coverage”).
- This Agreement is not a cleaning or maintenance contract or an insurance policy.
- This Agreement remains in effect until the earliest of the following:
(a) the second anniversary of the last to occur of (i) the date on which You purchased this Extended Limited Warranty, (ii) the termination of the 30-day limited warranty term for toddler products, or (ii) the termination of the 90-day limited warranty term for products other than toddler products;
(b) the date on which You are provided a replacement in the entirety of a Covered Product; or
(c) the date on which this Agreement is otherwise terminated or completed according to the terms set forth herein.
- This Agreement is non-transferable and not renewable.
- You must retain this Agreement and the sales receipt for the Covered Product.
WHAT IS COVERED:
We will provide Coverage under this Agreement for any of the following types of products during the Term up to the amount of the purchase price of the Covered Product. Exclusions from Coverage are listed below in the What Is Not Covered section:
Toddler Furniture (e.g. toddler beds; child play tables; toy boxes/organizers):
Operational or structural flaws in the frames, springs, mechanisms, motors, levers.
Strollers and Baby Gear (e.g. strollers, high chairs, bassinettes, play yards and walkers):
Operational or structural flaws in the chassis, frames, wheels, car seat adapters, zipper, harnesses, and seams in the covering.
Operational or structural flaws in the frames, spring, seams and coverings.
HOW TO REQUEST COVERAGE:
Any damage or defect must be reported to Us within thirty (30) days of the date that the damage occurred or was discovered by You. You should notify the Company by emailing a brief description of the damage, defect, or flaw to ExtendedWarranty@DeltaChildren.com or by calling 1-888-875-9474. Failure to meet any of the preceding requirements can result in a forfeit of Coverage under this Agreement
If the Company determines that the reported damage is covered under this Agreement, the Company will perform one or more of the following:
- We may, in our sole discretion, provide You with a replacement part or replace the Covered Product in its entirety. Dye lots vary and products may fade over time, so replacement parts may not exactly match the color of non-replaced areas. For the avoidance of doubt, You will be responsible for installing the replacement part to the Covered Product.
- Replacement of a Covered Product in its entirety will complete the Term under this Agreement. Replaced products are not eligible for a new Agreement.
- If You notify Us of eligible damage that We are unable to resolve using a Coverage Procedure, We will refund to You the amount You paid for this Extended Limited Warranty, which will complete the Term under this Agreement.
WHAT IS NOT COVERED:
This Agreement provides no Coverage or other coverage for any of the following:
- Damage to a product that is not specifically listed in the What Is Covered section of this Agreement.
- Products purchased from anyone other than an authorized dealer or authorized retailer of the Company.
- When the steps listed in the Requirements For Coverage have not been followed.
- Damage to a product that is the result of improper storage, installation, negligent misuse, or products that have been altered in any way not intended by Us.
- Failure to follow the instructions for the product in the user guide
- Normal wear and tear or commercial use.
- Items bought as used, “as is” or secondhand products, including items that served as floor models.
- Items that have been altered or repaired by an unauthorized 3rd party repair person.
- Damage as a result of air transportation or freight damage.
- Damage caused by pets or due to infestation, including, but not limited to, insects, termites, cockroaches, and rodents.
- Damage caused as a result of improper product assembly.
- Damage caused by theft, loss, vandalism, fire, smoke, flood, or other natural disaster.
WHERE THIS PLAN COVERS:
This Agreement is available for consumers within the United States of America except for residents of Alabama, Alaska, Arizona, California, Connecticut, Florida, Hawaii, Maine, Massachusetts, Minnesota, Montana, New Jersey, New Mexico, Ohio, Oklahoma, Oregon, South Carolina, Texas, Vermont, Virginia, Washington, Wisconsin, Wyoming, or any United States territory.
You may cancel this Agreement at any time by informing Us of the cancellation request by email at ExtendedWarranty@DeltaChildren.com.
- Cancellation within 31 days: If Your cancellation request is made within 31 days of the Agreement purchase date, You will receive a 100% refund of the Agreement purchase price paid, minus the value of any Coverage provided by the Company (except where prohibited; as indicated in the Special Jurisdictional Requirements section of this Agreement).
- Cancellation after 31 days: If Your cancellation request is made after 31 days of the Agreement purchase date, You will receive a pro-rata refund of the Agreement purchase price paid by You, minus the value of any Coverage provided by the Company (except where prohibited by law; as indicated in the “Special Jurisdictional Requirements” section of this Agreement).
We may cancel this Agreement if You make a material misrepresentation or substantially breach your duties under this Agreement. We may also cancel this Agreement if the Covered Products model or serial number is altered, missing or illegible. Any refund will be made in the same form as the original payment of this Agreement. No refund will be granted if this Agreement is cancelled after the Covered Product has been replaced. Under no circumstances will your refund exceed the value of the total price You paid for this agreement.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS EMPLOYEES, OFFICERS, DIRECTORS AND SHAREHOLDERS ARE NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOSS OF USE OF A COVERED PRODUCT OR ANY OTHER DAMAGES RESULTING FROM THE BREAKDOWN OR FAILURE OF COVERED PRODUCT, DELAYS IN COVERAGE, UNAVAILABILITY OF PRODUCTS INCLUDING PARTS OR THE INABILITY TO COVER ANY COVERED PRODUCT. UNDER NO CIRCUMSTANCES WILL THE OBLIGATIONS OF THE COMPANY UNDER THIS AGREEMENT TO YOU FOR MONETARY DAMAGES OR OTHER LOSS EXCEED THE TOTAL PRICE PAID FOR THE COVERED PRODUCT.
DISCLAIMER OF WARRANTIES. WE WARRANT ONLY THAT REPLACEMENT PARTS PROVIDED UNDER THIS AGREEMENT WILL BE FREE FROM DEFECTS PRIOR TO THE EXPIRATION OF THIS AGREEMENT. NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE PROVIDED TO YOU. NO INFORMATION OR ADVICE PROVIDED TO YOU BY US, OUR EMPLOYEES OR OUR CONTRACTORS CREATES A WARRANTY BY US OR INCREASES THE SCOPE OF THIS AGREEMENT.
NON-TRANSFERABILITY. This Agreement is non-transferable.
GENERAL. This Agreement and your purchase receipt for this Extended Limited Warranty (which contains the purchase price of this Agreement) constitute the entire agreement between you and us with respect to the Coverage provided to you under this Agreement and will prevail over any conflicting, additional, or other terms of any marketing collateral or other document or expression. Employees and agents of the Company have NO AUTHORITY (apparent, express, implied, or otherwise) to alter or modify the terms and conditions of this Agreement – either orally or in writing.
DISPUTE RESOLUTION AND CLASS ACTION WAIVER. Any dispute between You and Us relating to the subject matter of this Agreement shall be decided by a single arbitrator under the Consumer Arbitration Rules of the American Arbitration Association. Arbitration shall proceed solely on an individual basis without the right for any claims or disputes to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to disputes between You and Us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
This Agreement is administered by:
Delta Children’s Products Corp.
114 West 26th Street,
New York, New York 10001
Attn: Warranty Manager
SPECIAL JURISDICTIONAL REQUIREMENTS:
Indiana. This Agreement is not an insurance policy and is not regulated by the Department of Insurance.
Kansas. Consequential damages are prohibited unless such consequential damages are caused by the failure of service, repair, replacement or maintenance rendered under this Agreement.
Maryland. A 10% penalty per month will be added to any refund that the Company fails to make within forty (45) days of Your cancellation of this Agreement and request for a refund.
Michigan. If performance of this Agreement is interrupted because of a strike or work stoppage at the Company's place of business, the effective period of the service contract shall be extended for the period of the strike or work stoppage.
New Hampshire. In the event You do not receive satisfaction under this Agreement, You may contact the New Hampshire Insurance Department at, 21 South Fruit Street, Suite 14, Concord, NH 03301, 603-271-2261.
New York. A 10% penalty per month will be added to any refund that the Company fails to make within thirty (30) days of Your cancellation of this Agreement and request for a refund.
Tennessee. The Term of this Agreement will be extended as follows: (1) the number of days the consumer is deprived of the use of the product by reason of the product being in repair; plus (2) Two (2) additional business days.
Utah. Coverage under this Agreement is not guaranteed by the Property and Casualty Guaranty Association. In the event of cancellation of this Agreement by Obligor in accordance with the “Cancellation and Refunds” provisions above, Utah residents will receive thirty (30) day prior written notice of cancellation.
West Virginia. This Agreement is not an insurance policy and is not regulated by the Department of Insurance.