2023 Model Year Commercial Unit Limited Warranty
Expressed Coverage Provided:
Elkhart Trailer Company (hereinafter referred to as “DSV”) warrants the product(s) that it manufactures for one (1) year from the date of original retail purchase or the date first placed in service, whichever occurs first. DSV warrants the structure of the product, which includes the aluminum walls, studs, floor joists, and roof rafters, for one (1) year from the date of original retail purchase or date first placed in service, whichever occurs first.
All other items are covered by DSV one (1) year warranty or under each vendor’s specific warranty (see #1 below).
DSV warrants the commercial product(s) that it manufactures are fit for normal, average business and commercial use in accordance with its designed and intended purpose. If any part originally manufactured by DSV fails because of a manufacturing defect within the twelve month warranty period, it will be repaired without charge for either parts or labor. DSV, at its sole discretion, reserves the right to substitute parts of equal value or quality, touch up any cosmetic flaws or defects, or make design changes as a form of remedy under this warranty.
Not Covered Under DSV Warranty:
1. Equipment, products, components, appliances, or accessories separately warranted by their manufacturer and not originally manufactured by DSV. Contact and warranty information for these items is available from DSV. A list of supplier/manufacturer names and the components they supplied and their telephone numbers is included in the DSV product owner’s manual.
2. Damage caused by or related to: environmental conditions (salt, hail, chemicals in atmosphere), rust, damages caused by accidents, misuse, negligence, abuse, condensation, overloading, vandalism, road hazards, rock chips, alterations, modifications, or failure to perform normal maintenance which results in secondary damage to the unit.
3. Any injury, damage or loss, beyond warranty repairs, due to mold formation or fungi.
4. Minor adjustments to doors or drawers after ninety (90) days of original retail date of sale.
5. Routine maintenance including, but not limited to, caulking, re-caulking, waxing, tightening screws, latches, locks, brakes, combustion systems, changing light bulbs or fuses, and maintaining the heating and air conditioning system.
6. Normal deterioration, such as tears or punctures of soft goods due to wear, fading of furniture fabrics or drapes, fading of tents, or carpet wear.
7. Condensation on any window or other parts, or any results of condensation.
8. Damage or loss caused in whole or in part by negligent acts of the driver of the vehicle pulling the specialty vehicle.
9. Damage or loss to the specialty vehicle or the tow vehicle caused in whole or in part by the tow vehicle selected by the owner to pull the specialty vehicle.
10. Any and all damage or loss to the owner’s tow vehicle.
11. Incidental expense or consequential damage including but not limited to loss of use of the vehicle, loss of time, inconvenience, traveling expenses, gas, lodging, transportation charges, international brokerage fees, loss or damage to personal property, or loss of income. (Some states do not allow the exclusion of Limitation of Incidental or Consequential damages, so the above limitation may not apply to you.)
12. Any unit licensed outside of the USA or Canada.
13. Trailers not originally sold through an authorized DSV dealer or directly from DSV (e.g. sold through auction, repossession, salvage, or otherwise “distressed” condition).
Oral and Limited Limitations:
NO ORAL OR IMPLIED WARRANTIES EXIST EXCEPT FOR THOSE SPECIFICALLY HEREIN, IN FACT OR IN LAW (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Some states do not allow limitations on implied warranties, so the above limitation warranties may not apply to you. THIS WARRANTY MAY NOT BE AMENDED AND IS NOT ASSIGNABLE.
The original purchaser (owner) must sign the Owner Registration Form. Signing that form demonstrates the owner has read and accepts the terms of this warranty. Owner agrees the granting of an express, written, limited warranty by DSV is discretionary and that the terms, therefore, are both reasonable *and contractual. Written notice of defects subject to warranty coverage must be given to the selling dealer or DSV within thirty (30) days after the defect is discovered by the retail purchaser. Notice must be received by the selling dealer or DSV during the warranty period or no later than thirty (30) days after its expiration. If repairs are required, they will be made without charge, excluding freight, after the product is taken to the selling dealer or DSV.
The owner is responsible for normal maintenance, including inspecting and maintaining sealants or seals around all attachments and seams. Failure to perform such inspection and normal maintenance, which results in water or any other damage, shall void this warranty. However, minor adjustments (such as an adjustment to the slide rooms, interior passage doors, cabinet doors, cabinet latches, exterior entrance doors, screen doors, compartment/baggage doors, LP regulator pressure, etc.) will be performed by the selling dealer within the first ninety (90) days of warranty coverage. Thereafter, such adjustments are the responsibility of the owner as normal maintenance unless required as a direct result of repair or replacement of a defective part under this warranty.
The owner shall contact the selling dealer or DSV if a problem occurs which may be directly covered by this warranty with sufficient information to resolve the matter. The owner shall be responsible for the freight cost to the selling dealer or DSV for warranty service.
The selling dealer is obligated to maintain the product prior to retail sale (including but not limited to maintaining exterior caulk and seal), to perform a detailed pre-delivery walk through with the customer, and to provide warranty service. The original retail purchaser and/or selling dealer should complete and mail “Warranty Registration” form at the time of the pre-delivery inspection by the owner and the selling dealer, or within thirty (30) days from and after that date.
WARNING: RETURNING WARRANTY REGISTRATION IS A CONDITION PRECEDENT TO WARRANTY COVERAGE AND PERFORMANCE. IF THE FORM IS NOT RECEIVED COMPLETED AS DIRECTED, YOU WILL NOT HAVE A WARRANTY.
If the selling dealer is unwilling to resolve a problem which the owner is convinced is covered by this warranty, the owner should write to the DSV address listed below with a description of the problem and the attempts made to resolve it. DSV will review the problem to determine if the warranty is applicable, and will immediately provide written notice to the owner and selling dealer.
In the event you, or any other person, is entitled to make a claim under, concerning, or pursuant to this warranty, you agree that all such claims shall be submitted to binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. 1-14, as amended, to the extent permitted under applicable federal and state laws.
You (the customer) shall first notify DSV or the selling dealer, by written request, of any resolved claim (Claim) subject to warranty coverage. Customer, DSV, and any implicated sellers or component parts shall attempt, in good faith, to resolve any dispute (Dispute) arising out of or relating to the Claim by negotiations. In the event that the dispute is not settled within fourteen (14) calendar days of the customer’s written request, the customer, DSV, or the selling dealer may submit the Dispute to arbitration in accordance with the applicable rules of the American Arbitration Association (the Rules), as the exclusive remedy. The place of the arbitration shall be in a central location in the Customer’s state of residence, or at such other location as the parties shall mutually agree in writing.
The American Arbitration Association (AAA) shall submit a list of five (5) potential arbitrators from which the Customer and DSV may each strike up to 2 names within ten (10) business days after receiving the list of arbitrators from the AAA. The AAA shall select a single arbitrator from the remaining names. The selected arbitrator will proceed over the arbitration and decide all matters associated with the Dispute in accordance with the AAA Rules and the internal laws of the state of the Customer’s residence, pursuant to Federal Arbitration Act, without reference to the state’s conflict of laws and rules. All remedies available to the Customer related to the Dispute shall be fully and finally resolved by the decision of the arbitrator, including any rights related to alleged violations of express or implied warranties, lemon laws, or unfair trade practices, however described or arising under applicable law. The arbitrator shall be permitted to award only actual damages for intangible claims or punitive damages. Statutes of limitations which would apply to a court proceeding will apply to the commencement of arbitration proceedings. Each party shall bear their own costs and fees in the arbitration, including reasonable attorney’s fees, expenses, and one half of any fees due to the AAA, including arbitrator’s fees (unless applicable state law, in order to render this arbitration agreement enforceable, would require DSV to pay all fees due to the AAA, including the arbitrator’s fees in which case, DSV will bear such cost). If either party files a claim in court without first submitting the Dispute to arbitration, that party shall pay the other party’s reasonable fees and cost expended in defending against or obtaining suspension or dismissal of the court proceedings.
Accepting this warranty, as evidenced by the Customer’s signature on the above described “Warranty Registration” form, or by making claims pursuant to this warranty, shall constitute for this arbitration procedure as his/her exclusive remedy against DSV, its retail dealers, and component suppliers. Both DSV and Customer agree that if any court proceedings are necessitated for any claim or dispute involving this warranty, proper jurisdiction and venue for said dispute shall be in appropriate state court, Elkhart County, Indiana, or the United States District Court for the Northern District of Indiana.
THIS AGREEMENT WILL APPLY TO CUSTOMER, HIS/HER HEIRS AND ASSIGNS ANYONE WHO PURCHASES OR LEASES THE PRODUCT FROM THE CUSTOMER OR OTHERWISE OPERATES OR OCCUPIES IT WITH HIS/HER PERMISSION OR WITHOUT HIS/HER OBJECTIONS. NOTHING IN THIS AGREEMENT ENLARGES CUSTOMER’S RIGHTS OR GIVES ANY RIGHTS HE/SHE WOULD NOT OTHERWISE HAVE. FOR MORE INFORMATION ABOUT HOW TO FILE A CLAIM OR ABOUT THE ARBITRATION PROGRAM CALL THE AMERICAN ARBITRATION ASSOCIATION AT (800) 778-7879.
This warranty gives you specific legal rights and you may also have other rights, including but not limited to those provided by the Magnuson-Moss Warranty Act, 15 U.S.C. 2301 et seq. as well as other rights, which may vary from state to state. In the event any provision or requirement in this warranty is found to be in violation of state and federal law, that provision should be considered stricken and to the extent possible the remainder of the terms of the warranty should remain in force.
*REPAIRS MADE WITHOUT FACTORY OR DEALER AUTHORIZATION MAY BE SUBJECT TO DENIAL OR PARTIAL REIMBURSEMENT. MODIFICATIONS MADE TO THIS SPECIALTY VEHICLE WITHOUT PROPER AUTHORIZATION COULD RESULT IN REDUCTION OR LOSS OF WARRANTY COVERAGE. AGAIN, PLEASE BE SURE TO CONTACT DSV PRIOR TO MAKING ANY SUCH MODIFICATIONS.