Shogun Services LLC, d/b/a Shogun Services, limited lifetime labor warranty guarantees to the original customer, who purchases a Shogun Services recommended repair or replacement, that such repair or replacement shall be free of defects in materials and workmanship under normal conditions and use. The limited lifetime labor warranty shall remain active for as long as the original customer lives at the residence or until the equipment containing a recommended repair is replaced.
Shogun Services limited lifetime labor warranty only applies to recommended repairs and replacements performed by Shogun Services. The limited lifetime labor warranty does not cover failures from normal wear and tear, customer supplied equipment and material or consumables including, but not limited to filters, bulbs, leak tests, coil cleanings, batteries, refrigerant, fuses, or certain safety devices that have a limited lifespan including without limitation smoke and carbon monoxide detectors. Customer agrees that Shogun Services responsibility with respect to claims made under the limited lifetime labor warranty shall be limited solely to the necessary service and repairs or replacement, at Shogun Services sole option and discretion, the replacement of the Covered Repair, if found by Shogun Services in its sole discretion to be defective. Shogun Services shall not be responsible for and this Warranty shall be void in the event of the following: damage or repairs resulting from abuse, misuse or improper use, neglect, Acts of God, unauthorized alteration, modification or repair including repair or service of the Covered Repair by others, or improper operation. This Warranty shall be void if Customer does not finalize permit inspections (if required), which is Customer’s obligation, or if the Customer fails to perform the manufacturer’s suggested maintenance or upkeep on the Covered Repair. This Warranty shall terminate and become null and void if and when, as determined in Shogun Services sole discretion, the original parts used in the Covered Repair and parts of approximately equal size and performance are no longer available and Shogun Services cannot make repairs under this Warranty due to impossibility. This Warranty shall terminate and become null and void if and when Shogun Services provides any refund, full or partial, to the Customer in connection with the Covered Repair or if the equipment is deemed unfit by a qualified Shogun Services technician. If Shogun Services determines that the Covered Repair will be replaced under this Warranty, Shogun Services does not guarantee that the identical make or model of parts used in the Covered Repair will be available and thus reserves the right to use parts of approximately equal size and performance as those used in the original Covered Repair. This Warranty provided by Shogun Services specifically applies only to workmanship as specified on the Customer’s sales invoice, from the date of the performance of the Covered Repair, and terminates on the date that the Customer no longer owns the residence in which the Covered Repair/Replacement was performed or upon the replacement of the Unit that contains the Covered Repair, whichever occurs earlier. This Warranty is not transferable and has no independent monetary value. Shogun Services assumes no obligation to incorporate any modifications or improvements developed by the manufacturer in any goods or materials previously sold or in service. This Warranty being provided is separate from and independent of any manufacturer’s warranty. In the event of a recall of any portion of the Covered Repair, whether voluntarily by the manufacturer or mandated by a government authority, the manufacturer’s warranty shall be primary and Customer shall comply with all manufacturer requirements for claims under such manufacturer’s warranty before making any claim under this Warranty. This Warranty shall in no way affect or alter the determination of liability or fault for any alleged damages, including without limitation those for personal injury or property damage, sustained by a Customer or anyone else in connection with a Covered Repair or any parts used in that Covered Repair. Shogun Services reserves the right to perform service under this Warranty during normal business hours. Emergency services are defined as situations that could create substantial damage to property or risk of injury in which case additional fees may apply. This Warranty does not apply to any portion of a Covered Repair that has not been paid for according to the applicable terms of such purchase/invoice. The terms and conditions of this Warranty cannot be altered without Shogun Services’ written consent. No agent of Shogun Services has any authority to give any warranty that exceeds that listed in this Limited Lifetime Warranty, and the Customer is therefore warned to read this Warranty carefully to make sure it correctly reflects those terms that are important to the Customer. No further warranty, either express or implied, shall apply.
All work that shall be covered under this Warranty shall be so noted on the initial invoice received by the Customer prior to the conclusion of the work to be performed. Any work not specifically denoted is exempted from any coverage whatsoever under the terms of this Warranty.
Shogun Services shall not in any event be liable for any incidental or consequential damages, including without limitation lost or duplicated time, expenses or wages, accruing for any reason whatsoever to Customer, whether such claim is made in contract or in tort or under any warranty or in negligence, indemnity or otherwise, even if Shogun Services has been advised of the possibility of such damages.
In the event any damages may arise under the terms of enforcement this Warranty, the damages for the Customer shall be capped at the amount of the original work that was performed by Shogun Services. Further, should Shogun Services be forced to defend against an unsuccessful Warranty claim, Shogun Services shall be entitled to recover actual attorney’s fees and costs incurred. Customer is specifically excluded from the immediately previous sentence.
This Limited Lifetime Warranty is exclusive and in lieu of all other express, statutory and implied warranties, including those of merchantability and fitness for any particular purpose that may otherwise be owed by Shogun Services.
DEFINITIONS
Covered Repair: A repair recommended by Shogun Services that is covered by this Lifetime Labor Warranty and is accordingly identified as Covered Repair on the applicable sales invoice to the Customer. Shogun Services maintains a complete listing of all recommended repairs that constitute and make up the full range of Covered Repairs under this Warranty. A Customer will be informed in advance of a purchase if the repair work contemplated is a Covered Repair and this will be indicated on the Customer’s sales invoice along with the applicable terms and conditions.
Unit: An assembly of more than one part; for example, and without limitation, a furnace. If a recommended Covered Repair is a part within the furnace, once the furnace has outlived its useful life and is replaced, the Warranty on such part within the Unit (in this example, the furnace) is terminated.
