Limited WarrantyLIMITED STATEMENT OF WARRANTY FOR PRODUCTS MANUFACTURED BY THE QUICK BOARD, LLC
Subject to the terms and conditions set forth herein, The Quick Board, LLC (the “Company”) expressly and exclusively warrants solely to original, end-user purchasers (each a “Purchaser”) that Quick Boards and any other products manufactured by the Company (collectively, “Products”) shall be free from defects in materials and workmanship when properly used and maintained for a period of one (1) year from the date of sale (the “Warranty Period”). NO WARRANTY, INCLUDING THIS LIMITED STATEMENT OF WARRANTY, SHALL BE IN EFFECT UNTIL PURCHASER HAS TENDERED AN INITIAL PAYMENT FOR PRODUCTS PURCHASED. IF PURCHASER PURCHASES PRODUCTS ON AN INSTALLMENT BASIS PAYMENT PLAN AND DEFAULTS THEREUNDER, THIS LIMITED STATEMENT OF WARRANTY SHALL TERMINATE WITH RESPECT TO PURCHASER AND SHALL RELIEVE THE COMPANY OF FURTHER OBLIGATION TO PURCHASER HEREUNDER.
The exclusive warranty for any Products that the Company, in its sole and absolute discretion, determines to be defective within the Warranty Period is repair or replacement of such defective Products. The existence of a defect shall be determined by the Company in accordance with procedures established by the Company. Repaired parts or replacement Products shall be provided by the Company on an exchange basis and shall either be new or refurbished to be functionally equivalent to new. Repaired parts or replacement Products shall be provided to Purchaser only upon submission to the Company of the original invoice or sales receipt (indicating the date of purchase) within the Warranty Period. Purchaser’s failure to notify the Company of defective Products within the Warranty Period shall terminate this Limited Statement of Warranty with respect to Purchaser and shall relieve the Company of any further obligation to such Purchaser hereunder. The Company shall not be responsible for any transportation costs and/or any risks associated with transportation of Products.
If within thirty (30) days from the date of sale Purchaser wishes to return non-defective Products, the Company, in its sole and absolute discretion with respect to the determination of whether such returned Products are non-defective, shall refund the full purchase price of Products to Purchaser within sixty (60) days. Purchaser must provide to the Company the original invoice or sales receipt (indicating the date of purchase) upon return of such Products.
THIS LIMITED STATEMENT OF WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF THE CONDITION OF THE EQUIPMENT, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT PRODUCTS WILL OPERATE ERROR FREE, UNINTERRUPTEDLY OR IN COMBINATION WITH ANY OTHER HARDWARE, INFRASTRUCTURE OR SYSTEMS NOT SUPPLIED BY THE COMPANY OR THAT PRODUCTS WILL, IN ALL CASES, SERVE THE PURPOSE FOR WHICH SUCH PRODUCTS ARE PURCHASED.
No representative of the Company is authorized to extend any additional warranty unless approved in writing by an authorized representative of the Company. This Limited Statement of Warranty is provided solely to Purchaser and is not transferable. Purchaser is responsible for determining whether Products are suitable for Purchaser’s intended use.
This Limited Statement of Warranty given by the Company does not cover, and the Company shall not be liable for, any conditions attributable to (1) acts of God, misuse, physical damage, vandalism, misapplication, normal wear and tear, extreme environmental conditions, lack of compliance with applicable instructions, inadequate or improper maintenance, negligence, accident (including, but not limited to, water damage and/or dropping Products), tampering, alteration or substitution of inferior quality component parts, (2) the incompatibility, improper design, malfunction, installation, operation or maintenance of equipment, accessories, and/or materials used in connection with Products which are not manufactured by the Company or (3) attempts to operate Products outside of the range or parameters of their intended capacity, whether intentional, accidental or otherwise.
PURCHASER’S SOLE AND EXCLUSIVE REMEDY FOR LIABILITY OF ANY KIND WITH RESPECT TO PRODUCTS SHALL BE LIMITED TO THE REMEDY OF REPAIR OR REPLACEMENT OF PRODUCTS IN ACCORDANCE WITH THIS WARRANTY. THE COMPANY SHALL, UNDER NO CIRCUMSTANCES, BE LIABLE TO PURCHASER OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOSS OF USE, REVENUE OR PROFIT, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN THE EVENT THIS LIMITED STATEMENT OF WARRANTY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, THE COMPANY’S LIABILITY TO PURCHASER SHALL NOT EXCEED THE PRICE OF PRODUCTS PURCHASED. Purchaser agrees that the Company is not an insurer and no insurance coverage is offered herein. The Company is not assuming liability, and, therefore shall not be liable to Purchaser for any loss, personal injury or property damage sustained by Purchaser or any other party as a result of any failure of Products, or any other cause whatsoever, unless such loss or damage was proximately caused by the Company’s gross negligence or caused by the Company’s intentional conduct.
This Limited Statement of Warranty may be modified at any time by the Company without notice to Purchaser and the modified version shall be in effect for all sales of Products made after the modification irrespective of any warranty published or posted in any catalog, sales literature or online location. The most current version of this Limited Statement of Warranty may be found online at www.thequickboard.com.