The Amazing Gates Terms of Sale

PLEASE TAKE NOTE: all products sold by Amazing Gates of America are subject to the following Terms of Sale, which are incorporated by reference into all sales contracts and completed sales transactions. The following Terms of Sale govern the rights and responsibilities between Amazing Gates of America and its clients, and are subject to the laws of the State of New Mexico, United State of America.

Limited Product Warranty
Amazing Gates of America has been building and shipping gates since 1998, and we work hard to provide high quality products at a fair price. Accordingly, all of our gates come with a 6-month Limited Warranty for cosmetic blemishes and defects, and a 10- year Limited Warranty for manufacturing and structural defects, subject to the following terms:

***6-Month Limited Warranty***

All Amazing Gates of America gates come with a 6-Month Limited Warranty that covers the paint, coatings, and finishes of our products.

Customers are required to perform ordinary and routine maintenance such as cleaning the gate(s) with water and a mild soap to remove dirt, grease, and other debris, and sanding and applying touch-up paint and / or other protective coatings, as needed, for minor blemishes. Minor discoloration is excluded from this limited warranty, as all outdoor coatings will fade over time, based on environmental factors.

If factory-applied paint, coatings, and other protective barriers prematurely chip, flake, or systematically degrade, customers must notify Amazing Gates of America immediately. Failure to timely provide notice of a cosmetic defect may void the 6-Month Limited Warranty.

***10-Year Limited Warranty***

We sell gates made from carbon steel because it is far more secure than aluminum, and we do not galvanize the steel due to the serious environmental consequences of using zinc and the added health risk to our fabricators. However, steel corrodes over time, and can be impacted by various environmental and climate factors.

All Amazing Gates of America gates come with a 10-Year Limited Warranty against manufactured defects in materials and workmanship under normal use. Damage caused by improper installation or use will void the 10-Year Limited Warranty.

***Warranty Limitations***

All limited product warranties cover the replacement and / or repair of the product in the sole discretion of Amazing Gates of America, and do not include the cost of removal, installation, labor, freight, inconvenience, or consequential damage. All product returns must be pre-approved by Amazing Gates of America, and customers must return defective merchandise to the original place of purchase and must provide the original receipt. All limited product warranties are personal to the original purchaser and are non- transferable.

All Amazing Gates of America gates must be routinely inspected for both cometic blemishes and structural manufactured defects not less than every three (3) months. Failure to routinely inspect the product and timely notify Amazing Gates of America will void warranty coverage.

All gates that are installed within 50 miles of a coastline or a major body of water, or within a flood hazard area, as designated by FEMA, must have the Seacoast finish to qualify for any warranty coverage. The installation of any product in a location that exposes the product to direct and regular contact with water, other than natural precipitation and intentional cleaning, including, but not limited to irrigation systems, sprinklers, fountains, pools, and spas, will void all warranties.

The limited product warranties set forth herein are specific to metal gates sold by Amazing Gates of America, and do not cover automated equipment, electrical devices, or any installation services. Any applicable implied warranties, including, but not limited to the warranties of Fit for Particular Use and Merchantability are hereby limited to a period of six (6) months from the original date of purchase.

The sale of all Amazing Gates of America products is subject to the Terms and Conditions set forth on the company’s website (www.amazinggates.com), which are incorporated herein by reference, and governed by the laws of the State of New Mexico, United States of America.

Access Control Advanced Warranty Replacement
Amazing Gates of America sells and markets various Access Control products made by third-party manufacturers that are used in conjunction with our gates and other products. These third-party Access Control products may have applicable warranties and terms of sale, depending on the product and the nature of use. Amazing Gates of America will honor all warranties and terms of sale as offered by the third-party manufacturer, and may act as an intermediary on behalf of our customers to process any applicable warranty claims.

In addition to the warranties and terms of sale offered by third-party manufacturers, Amazing Gates of America may offer an Advanced Warranty Replacement for Access Control products that have failed or have pending warranty claims.

Advanced Warranty Replacements may not be eligible for all Access Control products, and are subject to the following terms and conditions:

i. Customers must purchase any Advanced Warranty Replacement product at the full listed price;
ii. Advanced Warranty Replacement products must be the same or substantially same product as the original warrantied product, subject to continued availability;
iii. Amazing Gates of America will pay shipping costs to send the Advanced Warranty Replacement product to the customer;
iv. Customers must return the defective or failed Access Control product to Amazing Gates of America, and will be responsible for return shipping; and
v. Upon receipt of the returned product, Amazing Gates of America, or the third- party manufacturer, as applicable, will inspect and test the returned product. If the product is found to be defective or damaged at no fault of the customer, and the third-party manufacturer verifies warranty coverage, Amazing Gates of America will process the warranty claim and refund the full purchase price of the Advanced Warranty Replacement product. Return shipping costs are not subject to refund or reimbursement.

If warranty coverage is declined by the third-party manufacturer, then no refund for the Advanced Warranty Replacement will be provided. The Advanced Warranty Replacement is intended to minimize any interruption in use of Amazing Gates of America gates and products, and is not intended as an additional product warranty or insurance program.

Venue and Choice of Law
The sale of all products by Amazing Gates of America, and any and all claims arising out of such sale, shall be construed and interpreted in accordance with the laws of the State of New Mexico, United States of America, without regard to its conflict of laws principles. Any suit arising out of or relating to the sale of products by Amazing Gates of America shall be brought only in a court of competent jurisdiction located in Bernalillo County, New Mexico, United States of America.

Indemnification
All users of this site and clients purchasing products from Amazing Gates of America hereby agree to indemnify, defend, and hold harmless Amazing Gates of America, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this site using the client’s internet account.

Further, to the greatest extent not otherwise prohibited by law, the client shall release, protect, defend, indemnify and hold harmless Amazing Gates of America and its employees for and against all claims, lawsuits, liabilities, demands, and causes of action of every kind and character (including punitive damages), without limit, arising in connection with the installation and use of products sold by Amazing Gates of America, for bodily injury (including injury, illness, and death) or damage to or destruction of property arising out of, resulting from, or in any way connected or relating to performance under these Terms of Sale. Such indemnity shall be without regard to and without any right to contribution from any insurance maintained by Amazing Gates of America.

Severability
If any provision of these Terms of Sale is declared by a court of competent jurisdiction to be invalid or unenforceable, or if any provision hereof is or becomes impracticable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way, and the parties shall replace the invalid, unenforceable, or impracticable provision with a valid, enforceable, or practical provision which shall meet the economic aims of the invalid, unenforceable, or impracticable provision as closely as possible.

Entire Agreement
Amazing Gates of America and its clients acknowledge and agree that these Terms of Sale constitutes the entire agreement between and among them, and supersedes any prior or contemporaneous representations, statements, understandings, or agreements concerning the sale and purchase of products from this website. No representations, warranties, or inducements have been made to any party by any other party concerning this agreement other than what is contained herein. These Terms of Sale may only be amended or modified by a written instrument signed by or on behalf of all the parties or their successors-in-interest.

Customer Representations & Warranties
All clients hereby represent that he or she is authorized and legally competent to enter into a sales contract with Amazing Gates of America in the capacity represented and on his or her own behalf. Before purchasing any product from Amazing Gates of America, the client acknowledges that he or she has read and became fully informed of the terms, contents, conditions, effects, and consequences of any kind arising out of this transaction. Each client fully understands and voluntarily accept such terms, contents, conditions, effects, and consequences. The resulting sales agreement between Amazing Gates of America and its clients is fully and forever binding on both parties

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