Such claims should be filed with the freight carrier. Freight or handling damages are not considered defects under this warranty.Such modifications are not considered defects under this warranty. Lexington reserves the right to modify the product from its form shown on showroom floors or in catalogs.This warranty is voided if anything, including but not limited to a treatment of any nature, is applied to the product after the original factory packing has been opened.This warranty is voided if the product is modified or altered in any way after shipment from Lexington.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
IF LEXINGTON CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS WARRANTY. LEXINGTON ASSUMES NO RESPONSIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. LEXINGTON EXPRESSLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND THAT THE GOODS ARE FIT FOR ANY PARTICULAR PURPOSE. NO EMPLOYEE, REPRESENTATIVE, AGENT, DEALER OR ANY OTHER PERSON HAS THE AUTHORITY TO ASSUME OR INCUR ON BEHALF OF LEXINGTON ANY OBLIGATION OR LIABILITY IN PLACE OF, OR ADDITION TO, THIS WARRANTY, OR TO MODIFY IT IN ANY WAY. THE WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE, AND ARE IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUATORY, EXPRESS OR IMPLIED. THIS WARRANTY IS THE ONLY WARRANTY PROVIDED BY LEXINGTON. Such choice of repair, replacement, or allowance is strictly at the sole discretion of Lexington. Specifically Lexington may repair the item, replace the item, or offer an allowance for the original consumer to retain the item in “as-is” condition. Under the terms of this limited warranty, Lexington warranty obligations are limited to the terms set herein. Rights under this warranty apply only to the original purchaser and must be pursued through the authorized dealer of original purchase. This includes products manufactured or marketed under the Lexington brand as well as all licensed brands manufactured or marketed by Lexington. This Express Limited Warranty applies to Lexington Home Brands (“Lexington”) case goods and upholstered furniture products that have been purchased from a factory-authorized dealer.
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