Limited Warranty

 

Natural Nitrous, LLC

LIMITED WARRANTY

 This Limited Warranty (the “Warranty”) is made and effective as of the Date Of Purchase.

RECITALS:

WHEREAS, Company has developed certain automotive equipment designs (the “Equipment”) and related documentation and desires to grant Customer the right to use the Equipment; and

WHEREAS, Customer wishes to use the Equipment under the terms and conditions of this Limited Warranty.

NOW THEREFORE, in consideration of the mutual promises set forth herein and other good and valuable consideration, the parties agree as follows:

 

LIMITED WARRANTY

The Company warrants that (a) its Natural Nitrous Equipment (the “Equipment”) will perform substantially in accordance with the accompanying written materials for a period of one year from the date of receipt and (b) that the medium on which the Equipment is contained will be free from defects in materials and workmanship under normal use and service for a period of e.g. one year. In the event applicable law imposes any implied warranties, the implied warranty period is limited to 30 days from the date of receipt. Some jurisdictions do not allow such limitations on duration of an implied warranty, so the above limitation may not apply to Customer.

 CUSTOMER REMEDIES

The Company’s and its suppliers’ entire liability and Customer’s exclusive remedy shall be, at the Company’s option, either (a) return of the price paid for the Equipment, or (b) repair or replacement of the Equipment that does not meet this Limited Warranty and which is returned to the Company with a copy of Customer’s receipt. This Limited Warranty is void if failure of the Equipment has resulted from accident, abuse, or misapplication. Any replacement Equipment will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

 NO OTHER WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE EQUIPMENT AND ANY RELATED WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS. CUSTOMER MAY HAVE OTHER RIGHTS DEPENDING ON THE JURISDICTION.

NO OTHER WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE EQUIPMENT AND ANY RELATED WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS. CUSTOMER MAY HAVE OTHER RIGHTS DEPENDING ON THE JURISDICTION.

NO LIABILITY FOR DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE COMPANY’S AND ITS SUPPLIERS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE EQUIPMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 The parties have executed this Agreement on the dates set forth first above and with full knowledge of its content and significance and intending to be legally bound by the terms hereof.