Diamond Peak Truck Camper Limited Warranty

LIMITED TRUCK CAMPER WARRANTY FOR TRUCK CAMPERS MANUFACTURED BY Diamond Peak Campers (DPC) / Rock-A-Bye Enterprises (RABE).
SOLD IN THE UNITED STATES

Diamond Peak warrants to the original purchaser ("Owner") of this truck camper ("Camper") to be free of defects in materials and workmanship and for structural integrity, under normal use, with reasonable care and maintenance, for original owner from the date of purchase (the "Warranty Period"), subject to the exclusions given below.  This Limited Warranty is non-transferable.

COVERAGE PROVIDED

Within the Warranty Period, Diamond Peak is obligated to repair or replace any part covered by this warranty proven defective. In the event of such an occurrence, the Owner should contact the RABE for a service appointment. If it is not possible to return to the dealer (RABE), the cost of transporting the Camper to the dealer for service shall be incurred and paid for by the Owner.

This is the only warranty given with the purchase of the Camper other than express or implied warranties given by the component manufacturers. Any warranties implied by law are limited to the Warranty Period. Any other warranty, express or implied, not provided for in this Limited Warranty is waived by the Owner.

OWNER'S OBLIGATION

The purchaser must notify Diamond Peak Campers or Rock-A-Bye Enterprises of any defect promptly upon discovery. Warranty repairs by a non-Diamond Peak dealer must be approved by the Diamond Peak / Rock-A-Bye Enterprises (RABE) prior to any work being started.

EXCLUSIONS

The scope of this warranty is expressly limited to only items actually constructed by Diamond Peak. Diamond Peak therefore makes no warranty with respect to component parts constructed or assembled by other manufacturers, including, but not limited to, the Liquid Propane Gas appliances, electrical appliances, heaters, refrigerators, plumbing fixtures, light fixtures, lights, entrance door and windows. Such component parts may be warranted by their respective manufacturers.
This warranty does not cover damage caused by or related to (1) normal wear and tear, (2) accidents, abuse, misuse or negligence, (3) any alteration or modification of the Camper, or (4) environmental conditions, including, but not limited to, road salt, hail, or windstorm. Nor does this warranty apply to parts made out of cloth, leather, wood, paint, or chrome, which have been affected by airborne fallout, including, but not limited to, chemicals and tree sap.

No payment or other compensation will be made for incidental expenses, including, but not limited to, towing, telephone, transportation, lodging, travel, gasoline, loss of pay or indirect or consequential damage including, but not limited to, loss of use of the Camper, inconvenience, damage or injury to person or property, or loss of revenue, which might be paid, incurred or sustained by reason of manufacturer's defect covered by this warranty. Diamond Peak (Rock-A-Bye Enterprises) is not responsible to any purchaser of the Camper for any undertaking, representation or warranty made by dealers during the course of selling the Camper beyond those herein expressed.

As the manufacturer of the Camper that you purchased, Diamond Peak does not know the purpose you have in mind for your truck and camper, nor does Diamond Peak know the Gross Vehicle Weight Rating ("GVWR") of your truck. Therefore, Diamond Peak makes no warranties or representations, express or implied, as to the performance of your truck with the Camper or whether the match‑up of your truck and Camper exceeds the GVWR as specified by your truck's manufacturer. Specifically, there is no express or implied warranty of merchantability or of fitness for the particular match of your truck to any particular camper.

This Limited Warranty is intended to comply with the requirements of both State and Federal laws. Any part of this Limited Warranty in conflict with any law shall be ineffective to the extent of any such conflict. This warranty gives you specific legal rights, and you may also have other rights, which may vary from state to state.

Roof Warranty

Exclusions from Limited Warranty Coverage.

This Limited Warranty does not cover (a) adhesives, sealants or butyl tapes used to install the Roof  (b) materials that are not components of the Roof such as antennas, skylights, other materials used for the installation of the Roof; and (c) care, cleaning or general maintenance of the Roof or; (d) in the event Purchaser fails to strictly comply with any of the terms and conditions of this Limited Warranty. This Limited Warranty excludes liability for defects in or damages to the Roof caused directly by any of the following:

    Purchaser's failure to exercise reasonable care in the care and maintenance of the Roof; this includes inspection of selant and caulk on a 6 month basis.
    Improper handling of the Roof, modifications, alterations, misuse, negligent use, abuse, accidents, or other occurrences beyond the control of Diamond Peak (RABE) or use of materials that are not compatible with the Roof, such as petroleum products, acids, oils, grease tree sap, hydrocarbons and other corrosive materials other materials which are generally recognized as corrosive to the roof.
    Natural disasters such as acts of God, or any defects or damages caused by environmental conditions and contamination caused by pollutants.
    Normal wear and tear of the roof or exposure to fire or extreme heat.
    This warranty does not cover fading or discoloration due to wear and weathering.
    Tears, rips or slicing;
    Damages as the result of acts of terrorism.

The following exclusions and conditions form an integral part of this Limited Warranty:

    No person has the authority to enlarge, amend or modify in any manner, or to make any changes to this Limited Warranty.
    No Limited Warranty claim shall be valid or recognized by Diamond Peak (RABE) unless Purchaser notifies same, in writing, within 30 days of discovery of a purported deterioration in the Roof, which Purchaser has a good faith belief was caused directly by defects in the Roof.

This Limited Warranty is expressly in lieu of any and all other warranties, express or implied, including any implied warranty of merchantability or fitness for any particular purpose and in lieu of all other obligations or liabilities on the
part of DPC and is the sole and exclusive remedy for defects relating to the Roof. Implied warranties, including the implied warranty of merchantability or fitness for any particular purpose if any, given by any applicable law, shall be limited to and not extend beyond the duration of the written Limited Warranty periods set forth herein. DPC shall not be liable to Purchaser for any consequential, incidental, exemplary, punitive, special or indirect damages and shall not be liable for any damages which are based upon negligence, breach of warranty or strict liability except as may be provided for herein. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply.

No waiver of any breach of this Agreement shall be construed to constitute a waiver of any subsequent breach of a similar nature. No warranties or representations shall be deemed to have been made by DPC except as expressly hereinabove set forth.

The terms and conditions of the Limited Warranty shall be governed by and construed in accordance with the laws of the State of Arizona, excluding the choice of law provisions thereof. Any dispute arising out of or relating to this Limited Warranty shall be brought exclusively in the state or federal courts of Arizona, and Purchaser and DPC consent to personal jurisdiction and venue in such courts. If any provision of this Limited Warranty is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of this Limited Warranty shall continue in full force and effect to the maximum extent permitted by law.

No claim, cause of action or proceeding ("Action") under this Limited Warranty may be asserted or commenced against DPC / RABE, unless (i) Purchaser notifies same in writing of the claim within the time period specified above, (thirty (30) days after the discovery of any deterioration in the Roof), (ii) the Action or proceeding is commenced within six(6) months after the discovery of any deterioration in the Roof.
The provisions of this Limited Warranty shall apply to the fullest extent permitted by law. If any part of this Limited Warranty shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, the remainder of this Limited Warranty shall remain in full force and effect. This Limited Warranty shall not be deemed to give any right or remedy to any third party whatsoever unless that right or remedy is specifically granted by DPC in writing to that third party. Notwithstanding any other provision hereof, in no event shall the total liability of the DPC under this Limited Warranty (including, without limitation, for breach of warranty or breach of contract) exceed the Purchaser's original purchase cost of the Roof.