Connect-A-Dock Floating Docks

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Warranty

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  1. WARRANTY. Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. The base warranty duration for all Products sold by Seller is one year from the date of original purchase unless described below. The following Seller product warranties extend for the following times periods, commencing on the date of original purchase: (a) Connect-A-Port: 5 years (recreational use), 2 years (commercial use), 2 years (recreational use for products sold outside of the United States and Canada), 1 year (commercial use for products sold outside of the United States and Canada); (b) Connect-A-Dock: 8 years (recreational use), 3 years (commercial use), 2 (years recreational use for products sold outside of the United States and Canada), 1 year (commercial use for products sold outside of the United States and Canada); (c) YAKPort: 5 years (recreational use), 2 years (commercial use), 2 years (recreational use for products sold outside of the United States and Canada), 1 year (commercial use for products sold outside of the United States and Canada); (d) Parts and accessories for all floating dock/port products: 1 year. No change to any of these warranty time periods is valid unless specified by Seller in writing. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship including damage caused to the Product by marine craft, and marine fauna, flora, or other wildlife; (b) failure to provide a suitable installation environment, damage or defects affecting the outer appearance of the Product such as, without limitation, deterioration, scratches or chips arising from exposure to petroleum products, including gasoline, or intense exposure to sunlight or other ultraviolet rays; (c) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer; and (d) any Product or major component to a Product that is manufactured by a third party will be warranted only to the extent of the manufacturer’s warranty, and only the remedies, if any, provided by the manufacturer shall apply. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCT. 
  2. LIMITATION OF LIABILITY.  IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF BUSINESS OR PROFITS, DIMINUTION IN VALUE OR PUNITIVE DAMAGES. IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE PRODUCT GIVING RISE TO THE CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO PURCHASER. THIS WARRANTY GIVES THE OWNER SPECIFIC LEGAL RIGHTS, AND THE OWNER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.