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Warranty Agreement for a Product Manufacturer


Table of Contents
  1. Introduction

  2. Definitions

  3. Warranty Coverage

  4. Warranty Period

  5. Exclusions and Limitations

  6. Claim Procedure

  7. Obligations of the Manufacturer

  8. Obligations of the Consumer

  9. Dispute Resolution

  10. Governing Law

  11. Miscellaneous Provisions


1. Introduction

This Warranty Agreement ("Agreement") is made and entered into on [Date], by and between [Manufacturer's Full Name], a company incorporated under the laws of Kenya, with its principal place of business located at [Manufacturer's Address] ("Manufacturer"), and [Consumer's Full Name], residing at [Consumer's Address] ("Consumer").

This Agreement sets forth the terms and conditions under which the Manufacturer warrants its products to the Consumer.


2. Definitions

  • Product: Any item manufactured and sold by the Manufacturer.

  • Warranty Period: The duration for which the warranty is valid, as specified in this Agreement.

  • Defect: Any fault, imperfection, or shortcoming in the quality, quantity, potency, purity, or standard of the Product.

  • Claim: A request made by the Consumer for repair or replacement of the Product under this Agreement.


3. Warranty Coverage

The Manufacturer warrants that the Product will be free from defects in material and workmanship under normal use and service for the Warranty Period. This warranty is limited to the repair or replacement of the defective Product, at the Manufacturer's discretion.


4. Warranty Period

The Warranty Period for the Product is [Number] years/months from the date of purchase. The date of purchase is the date indicated on the Consumer's receipt or invoice.


5. Exclusions and Limitations

This warranty does not cover:

  • Damage caused by misuse, abuse, or neglect.

  • Damage resulting from unauthorized modifications or repairs.

  • Normal wear and tear.

  • Damage caused by external factors such as accidents, natural disasters, or power surges.

  • Consumable parts such as batteries, unless the damage has occurred due to a defect in materials or workmanship.


6. Claim Procedure

To make a claim under this warranty, the Consumer must:

  1. Contact the Manufacturer's customer service department at [Customer Service Contact Information].

  2. Provide proof of purchase, such as a receipt or invoice.

  3. Describe the nature of the defect and provide any relevant documentation or evidence.

  4. Follow any additional instructions provided by the Manufacturer for returning the Product or obtaining service.


7. Obligations of the Manufacturer

Upon receipt of a valid claim, the Manufacturer will:

  1. Inspect the Product to verify the defect.

  2. Repair or replace the defective Product at no cost to the Consumer.

  3. Bear the costs of shipping the repaired or replacement Product to the Consumer.


8. Obligations of the Consumer

The Consumer agrees to:

  1. Use the Product in accordance with the Manufacturer's instructions and guidelines.

  2. Notify the Manufacturer promptly of any defects.

  3. Provide accurate and complete information when making a claim.

  4. Bear the costs of shipping the defective Product to the Manufacturer, if required.


9. Dispute Resolution

Any disputes arising out of or in connection with this Agreement shall be resolved through negotiation between the parties. If the dispute cannot be resolved through negotiation, it shall be submitted to mediation or arbitration in accordance with the laws of Kenya.


10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Kenya. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts of Kenya.


11. Miscellaneous Provisions

  • Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral.

  • Amendments: Any amendments to this Agreement must be in writing and signed by both parties.

  • Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

  • Waiver: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision.


IN WITNESS WHEREOF, the parties hereto have executed this Warranty Agreement as of the day and year first above written.


Manufacturer:


[Manufacturer's Full Name]
[Title]
[Company Name]
[Signature]
[Date]


Consumer:


[Consumer's Full Name]
[Signature]
[Date]


TLDR

This Warranty Agreement outlines the terms and conditions under which a product manufacturer in Kenya warrants its products to the consumer, including coverage, exclusions, claim procedures, and obligations of both parties.


Conclusion

This Warranty Agreement is designed to protect both the manufacturer and the consumer by clearly defining the terms of the warranty, the process for making claims, and the responsibilities of each party. It ensures that consumers receive quality products and that manufacturers uphold their commitments to product quality and customer satisfaction.


Sources:

  • Consumer Protection Act - Kenya Law Reports

  • Sale of Goods Act - Kenya Law Reports

  • Warranty Agreement Template - Juro

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