Warranty Information

solely responsible for the costs related to any claims associated with any such devices. Warping of wooden or plastic
blades is not covered by this Warranty. Metal finishes on outdoor Products are not covered by this Warranty.
Remedy: During the Warranty Period, Seller agrees to repair or replace Products in order to ensure that the Products
perform in accordance with the applicable specifications, provided that Buyer shall (a) notify Seller in writing within thirty
(30) days of discovery of the defect or failure, which notice shall include the product model and serial number (if
applicable) and details of the warranty claim; and (b) after Seller’s review, Seller will provide Buyer with a return materials
authorization (“RMA”) form. No Products or component parts will be accepted for inspection, verification or return unless
accompanied by a completed RMA form which can be obtained only from an authorized Seller customer service
representative. Seller will repair the Product, replace with a similar or like Product (as determined by Seller in its sole
discretion), or issue a credit to the purchaser which may be used for future Seller product purchases. (The amount of
such credit shall be calculated by Seller at its sole discretion). Seller reserves the right to use new, reconditioned,
refurbished, repaired or remanufactured products or parts in the repair or replacement of any Product covered by this
Warranty. Buyer may return the defective Products to Seller with all costs prepaid by Buyer. Shipment to Buyer of
repaired or replacement Products shall be made in accordance with the Delivery provisions herein. If Seller
determines that Products for which Buyer has requested warranty services are not covered by the warranty
hereunder, Buyer shall pay or reimburse Seller for all costs of investigating and responding to such request at
Seller's then prevailing time and materials rates. If Seller provides repair services or replacement parts that are not
covered by this warranty, Buyer shall pay Seller therefor at Seller's then prevailing time and materials rates. THE
OBLIGATIONS CREATED BY THIS WARRANTY TO REPAIR OR REPLACE A DEFECTIVE PRODUCT SHALL BE
THE SOLE AND EXCLUSIVE REMEDY OF BUYER IN THE EVENT OF A DEFECTIVE PRODUCT. EXCEPT
AS EXPRESSLY PROVIDED HEREIN, SELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER
EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT
LIMITATION ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE. In no event will Seller’s aggregate liability under warranty exceed the price paid by Buyer for
the defective Product. At its discretion and to the extent Seller is permitted, Seller agrees to assign to Buyer any
warranty rights in such Product that Seller may have from the third-party supplier. The Warranty Period for
replacement Products shall be the remainder of the original Warranty Period. Seller reserves the right to modify or
discontinue this Warranty without notice provided that any such modification or discontinuance will only be effective with
respect to any Products purchased after such modification or discontinuance.
LIMITATION OF LIABILITY: IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INCIDENTAL,
CONSEQUENTIAL, INDIRECT OR COMPENSATORY DAMAGES RESULTING FROM LOSS OF USE, LOST REVENUES
OR PROFITS, BUSINESS OR GOODWILL EVEN IF SELLER HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY
OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF
OR IN CONNECTION WITH THE SALE OF PRODUCTS, IN CONTRACT, TORT OR OTHERWISE, EXCEED THE
PURCHASE PRICE OF THE PRODUCT TO WHICH SUCH LIABILITY RELATES. ANY ACTION FOR BREACH OF
CONTRACT OR TORT MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.