Manufacturer (“ARK Manufacturing Inc.”) warrants to the Purchaser that the product (Ecoluber®) will be free from defects in workmanship and materials, under normal use and service, for one (1) year, or such longer period as Manufacturer may announce publicly from time to time for particular products, from the date of purchase from Manufacturer or its authorized reseller, or from the date of product registration, but not longer than two (2) years from the date of purchase from the Manufacturer.
Manufacturer’s sole obligation under this express warranty shall be, at Manufacturer’s option and expense, to repair the defective product or part, deliver an equivalent product or part to replace the defective item, or if neither of the two foregoing options is reasonably available, Manufacturer may, in its sole discretion, refund the purchase price paid to the Manufacturer for the defective product. All products that are replaced will become the property of the Manufacturer. Replacement products or parts may be new or reconditioned. Manufacturer warrants any replaced or repaired product or part for thirty (90) days from shipment, or the remainder of the initial warranty period, whichever is longer.
Products returned to the Manufacturer must be sent prepaid and packaged appropriately for safe shipment, and it is recommended that they be insured or sent by a method that provides for tracking of the package. Responsibility for loss or damage does not transfer to the Manufacturer until the Manufacturer receives the returned item. The repaired or replaced item will be shipped at Purchaser’s expense, not later than thirty (30) days after Manufacturer receives the defective product, and Manufacturer will retain risk of loss or damage until the item is shipped to the Purchaser.
Manufacturer will not be liable under this limited warranty if its testing and examination disclose that the alleged defect or malfunction in the product does not exist or results from:
- Failure to follow the Manufacturer’s installation, safety, operation, or maintenance instructions;
- Unauthorized product modification or alteration;
- Unauthorized use of refillable materials that are not in accordance with the Manufacturer’s safety instructions;
- Unauthorized power source used that is not in accordance with the Manufacturer’s safety instructions;
- Unauthorized re-sale of the product;
- Abuse, misuse, negligent acts or omissions of Distributor and persons under Distributor’s control; or
- Acts of third parties, acts of God, accident, fire, lighting, power surges or outages, or other hazards.
If a Manufacturer’s product does not operate as warranted above, the sole remedy for breach of that warranty shall be repair, replacement, or refund of the purchase price paid, at Manufacturer’s option. To the full extent allowed by law, the foregoing warranties and remedies are exclusive and are in lieu of all other warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms, or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, and non-infringement, all of which are expressly disclaimed. Manufacturer neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale, installation, maintenance or use of its products.
SUPPORT AND SERVICE AGREEMENTS
If you purchased your product from a Distributor, contact the Authorized Reseller for information about support and service agreements applicable to your product.
LIMITATION OF LIABILITY
To the full extent allowed by law, Manufacturer excludes for itself and its suppliers any liability, whether based in contract or tort (including negligence), for incidental, consequential, indirect, special, or punitive damages of any kind, or for loss of revenue or profits, loss of business, loss of information or data, or other financial loss arising out of or in connection with the sale, installation, maintenance, use, performance, failure, or interruption of its products, even if the Manufacturer or its authorized reseller has been advised of the possibility of such damages, and limits its liability to repair, replacement, or refund of the purchase price paid, at Manufacturer’s option.
Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages for certain products supplied to consumers, or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you. When the implied warranties are not allowed to be excluded in their entirety, they will be limited to the duration of the applicable written warranty. This warranty gives you specific legal rights, which may vary depending on local law.