Warranty Policy

PRODUCT WARRANTY STATEMENT 1. Express Warranties

Subject to the limitations and conditions in this Warranty Statement, (“Seller”) warrants to the purchaser (“Buyer”) that:

  • Goods. All goods sold by Seller will (i) conform to Seller’s published specifications for the goods, and (ii) be free from defects in materials and workmanship.
  • Services. Any services performed by Seller will be completed in a competent and professional manner, consistent with generally accepted industry standards in the location where the services are performed.
  • Title. Seller warrants that it holds good title to the goods and has the legal right to sell the goods to Buyer.

Any drawings, schematics, manuals, or instructions provided with the goods are supplied for informational purposes only, and Seller makes no representations or warranties regarding such materials. Seller further makes no representation or warranty that the goods comply with any present or future federal, state, provincial, or local laws, rules, regulations, codes, or ordinances (“Laws”).

2.  Warranty Conditions

  • Warranty Period. The warranty period for all goods and/or services (the “Warranty Period”) is one (1) year from the date of shipment of the goods.
  • Warranty Claims and Seller’s Obligations. If Buyer believes there has been a breach of warranty during the Warranty Period, Buyer must notify Seller in writing within ten (10) days after discovering the issue. The notice must describe the nature of the claimed breach in reasonable detail.

Seller will promptly investigate the claim and will either:

  1. Provide Buyer with information confirming that no breach of warranty has occurred; or
    1. Notify Buyer of Seller’s intended corrective action.

If Seller determines a breach of warranty has occurred, Seller will, at its sole option, repair or replace the defective goods, or re-perform or correct the deficient services, at no charge to Buyer.

Buyer is responsible for all costs incidental to the repair or replacement of goods, including but not limited to removal, disassembly, reinstallation, and reconstruction. Seller shall not be liable for these incidental costs.

All repaired or replaced goods and re-performed or corrected services shall be warranted only for the remainder of the original Warranty Period.

  • Exclusions. This warranty does not apply to failures or damage caused by or resulting from:
  • Damage in transit
  • Misuse, abuse, neglect, or accident
  • Acts of God
  • Improper handling, installation, testing, repair, or maintenance
  • Misapplication or modification
  • Improper storage
  • Excessive stress or abnormal operating conditions
  • Failure to comply with Seller’s written installation, testing, use, or maintenance instructions (if provided)

Seller shall not be liable under any circumstances for costs associated with production stoppages, product recalls, troubleshooting, administrative charges, or engineering charges.

3.  Sole and Exclusive Remedies

THE WARRANTIES AND REMEDIES DESCRIBED ABOVE ARE SELLER’S SOLE AND EXCLUSIVE OBLIGATIONS AND LIABILITIES, AND BUYER’S SOLE AND EXCLUSIVE REMEDIES, FOR ANY BREACH OF WARRANTY.

4.  Disclaimer of Other Warranties

SELLER MAKES NO OTHER WARRANTIES. THIS WARRANTY IS PROVIDED IN LIEU OF ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.

5.  Goods Manufactured by Others

Seller’s warranties do not apply to any goods that are covered by a warranty provided by the original manufacturer.

6.  Buyer Responsibilities

Buyer is solely responsible for determining whether the goods are suitable for Buyer’s intended applications and use.

Buyer agrees that all goods must be installed and used in compliance with the National Electric Code, UL requirements, applicable industry standards, and all applicable Laws.

Compliance with all Laws and standards is the responsibility of Buyer. Improper installation or use may be hazardous. Buyer agrees to indemnify and hold Seller harmless from any claims, losses, damages, costs, or expenses (including legal fees) arising out of or related to use or installation of the goods not in compliance with Laws and standards.

7.  Limitation of Liability and Limitation of Actions

IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR

CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS

OR REVENUE, LOSS OF GOODWILL, CLAIMS BY BUYER’S CUSTOMERS, OR LOSS OF BUSINESS  OPPORTUNITY, HOWEVER ARISING, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF SELLER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SELLER’S MAXIMUM LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE GOODS OR SERVICES SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE GOODS OR SERVICES THAT ARE THE SUBJECT OF THE CLAIM.

NOTWITHSTANDING THE FOREGOING, SELLER’S LIABILITY FOR COVER DAMAGES SHALL BE LIMITED TO TEN PERCENT (10%) OF THE PURCHASE PRICE OF THE GOODS THAT ARE THE SUBJECT OF THE CLAIM.

Any legal action against Seller must be brought within one (1) year after the cause of action arises. Buyer is not entitled to equitable relief, including specific performance, in any legal proceeding.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

MADDOG NOW
Warranty@MadDogNow.com