Mwhips offers a 12-month Warranty on all LED Manufacturer defects. Mwhips will replace the originally purchased LED product once (1) for any manufacturer defect. If the product shows any sign of abuse such as being hit, smashed, snapped, water damage, improper installation, improper removal, etc., the item will not be warrantied. Additionally, the customer is responsible for all shipping costs and replacements can only be shipped within the US.
Mwhips shall in no event be liable to buyer or any other person or entity, weather in contract, negligence, strict liability, tort or otherwise, for special, consequential, indirect, or incidental damages of any kind whatsoever, or claims of any third parties.
(a) Except as otherwise stated herein or in an order acknowledgment delivered to Buyer, Seller warrants to Buyer that the Products (1) shall be free of defects in materials and workmanship (manufacturer defects) for a period of (6) six months (the “Warranty Period”) from date of shipment to Buyer; and (2) shall be free of liens and encumbrances when shipped to Buyer. Seller’s warranties will not apply to any Product with respect to which there has been (I) improper installation, (II) failure to provide a suitable operating environment, (III) use of the Product for purposes other than that for which it was designed, (IV) failure to monitor or operate the Product in accordance with applicable Seller specifications and good industry practice, (V) unauthorized attachment or removal or alteration of any part of the Product, (VI) unusual mechanical, physical or electrical stress, (VII) modifications or repairs done by other than Seller, (VIII) mishandling during shipment of the Product; or (IX) any other abuse, misuse, neglect or accident. In no circumstance shall Seller have any liability or obligation with respect to expenses, liabilities or losses associated with the installation or removal of any Product or the installation or removal of any components for inspection, testing or redesign occasioned by any defect or by repair or replacement of a Product. (b) Buyer shall notify Seller in writing promptly (and in no case later than thirty (30) calendar days after discovery) of the failure of any Product to conform to the warranty set forth above, shall describe in commercially reasonable detail in such notice the symptoms associated with such failure, and shall provide to Seller the opportunity to inspect such Products as installed, if possible. The notice must be received by Seller during the Warranty Period for such Product. Unless otherwise directed in writing by Seller, within thirty (30) calendar days after submitting such notice, Buyer shall package the allegedly defective Product in its original shipping carton(s) or a functional equivalent and shall ship it to Seller (Buyers responsibility). (c) Within a reasonable time after receipt of the allegedly defective Product and verification by Seller that the Product fails to meet the warranty set forth above, Seller shall correct such failure by, at Seller’s option, either (I) modifying or repairing the Product or (II) replacing the Product. Such modification, repair or replacement and the return shipment of the Product with minimum insurance to Buyer shall be at Seller’s expense. Buyer shall bear the risk of loss or damage in transit, and may insure the Product. Buyer shall reimburse Seller for transportation costs incurred for Product returned but found by Seller not to be defective. Modification or repair of Products may, at Seller’s option, take place either at Seller’s facilities or at Buyer’s premises. If Seller is unable to modify, repair or replace Products to conform to the warranty set forth above, then Seller shall, at Seller’s option, either refund to Buyer or credit to Buyer’s account the purchase price of the Products less depreciation calculated on a straight-line basis over Seller’s stated Warranty Period. THESE REMEDIES SHALL BE BUYER’S EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, SELLER MAKES NO OTHER REPRESENTATIONS, OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE PRODUCTS, THEIR FITNESS FOR ANY PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, THEIR NONINFRINGEMENT, OR OTHERWISE. NO EMPLOYEE OF SELLER OR ANY OTHER PARTY IS AUTHORIZED TO MAKE ANY OTHER REPRESENTATIONS, WARRANTIES, OR CONDITIONS FOR THE GOODS OTHER THAN THE WARRANTY SET FORTH HEREIN. SELLER’S LIABILITY UNDER THE WARRANTY SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT SHALL SELLER BE LIABLE FOR THE COST OF PROCUREMENT OR INSTALLATION OF SUBSTITUTE GOODS BY BUYER OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, OR CLAIMS OF ANY THIRD PARTIES. (d) Buyer assumes the risk and agrees to indemnify Seller against and hold Seller harmless from all liability relating to (I) assessing the suitability for Buyer’s intended use of the Products and of any system design or drawing and (II) determining the compliance of Buyer’s use of the Products with applicable laws, regulations, codes and standards. Buyer retains and accepts full responsibility for all warranty and other claims relating to, or arising from, Buyer’s products which include or incorporate Products or components manufactured or supplied by Seller. Buyer is solely responsible for any and all representations and warranties regarding the products made or authorized by Buyer. Buyer will indemnify Seller and hold Seller harmless from any liability, claims, loss, cost or expenses (including reasonable legal fees) attributable to Buyer’s products or representations or warranties concerning same.
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