Statement of Product Limited Warranty, January 1, 2011
The warranties provided by Coombs Cycling Technologies, LLC (“Company“), in this Statement of Product Limited Warranty apply only to Products you purchase for your use, and not for resale. The term “Product” means a Company-branded product. NOTHING IN THIS STATEMENT OF PRODUCT LIMITED WARRANTY AFFECTS ANY STATUTORY RIGHTS OF CONSUMERS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.
1. Warranty Coverage.
(a) The Company warrants to the original purchaser that the Products will be free from defects in materials and workmanship for 90 days from the original date of purchase (“Warranty Period”). The date on your invoice or sales receipt is the date of purchase. During the Warranty Period, the Company will, at its option: (1) provide replacement parts necessary to repair the Products or (2) replace the Products with a comparable product. Any replacement parts or Products will be warranted for the remainder of the Warranty Period or 30 days from the date of shipment of the replacement part or Products, whichever is longer. Purchasing additional parts or Products from the Company does not extend this Warranty Period.
(b) THIS LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. ANY IMPLIED WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. NO ORAL OR WRITTEN INFORMATION, OR ADVICE GIVEN BY THE COMPANY, ITS AGENTS OR EMPLOYEES, SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. DEALERS HAVE NO AUTHORITY TO INCREASE THE SCOPE OF OR TO EXTEND THIS LIMITED WARRANTY.
(c) THIS LIMITED WARRANTY IS NOT TRANSFERABLE.
2. Exclusions from Warranty Coverage. This limited warranty covers normal use of the Products and the Company does not warrant and is not responsible for any damage, including any injury to any person, caused by normal wear or deterioration in normal use; caused in any manner during shipment, other than original shipment to you if the Company's carrier is used; caused by unauthorized attachments, alterations, modifications, or foreign objects or caused by accessories not specifically approved by the Company for use with the Produce involved; caused by the use of the products or accessories for purposes other than those for which they are customarily used; caused by improper installation or maintenance; or caused by any other abuse, misuse, mishandling, or misapplication.
3. Returns. FOR YOUR PROTECTION, ON RETURN OF THE PRODUCTS IN CONNECTION WITH A WARRANTY CLAIM, INSURE THE SHIPMENT FOR FULL REPLACEMENT VALUE. YOU ARE RESPONSIBLE FOR ANY DAMAGE TO THE PRODUCT OR ACCESSORIES WHICH OCCURS DURING SHIPMENT TO THE COMPANY. WITH REGARD TO REPAIRS, REPLACEMENT PARTS OR PRODUCT REPLACEMENTS, THE COMPANY IS NOT RESPONSIBLE FOR DAMAGE CAUSED BY ANY OF THE CONDITIONS LISTED IN SECTION 2.
You must first contact the Company for instructions on making the return shipment of the Products before shipment. Contact information is set forth below.
4. Limitation of Liability.
(a) IN NO EVENT SHALL THE COMPANY (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO COLLECTIVELY AS THE “COMPANY AFFILIATES“) BE LIABLE UNDER ANY CIRCUMSTANCE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PRODUCTS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTES OR REPLACEMENTS, DOWN TIME, YOUR TIME, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY YOU TO THIRD PARTIES, EVEN IF THE COMPANY OR ANY OF THE COMPANY AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
(b) IN NO EVENT SHALL THE COMPANY OR ANY COMPANY AFFILIATE BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE PRODUCTS ACTUALLY DELIVERED TO AND PAID FOR BY YOU. YOUR SOLE REMEDY AGAINST THEM IN ANY DISPUTE UNDER THIS AGREEMENT SHALL BE TO SEEK RECOVERY OF THE AMOUNTS YOU HAVE PAID.
5. Governing Law. Both you and the Company consent to the application of the laws of the State of Utah to govern, interpret, and enforce all of your and the Company's rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Statement of Product Limited Warranty, without regard to conflict of law principles.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
6. Contact Information. Any questions about this Statement of Product Limited Warranty, including the procedures for obtaining warranty service, should be directed to the Company at:
By Internet: firstname.lastname@example.org
By Mail: 520 North Main, suite 304, Heber City, UTAH, USA, 84032.