LIMITED WARRANTY
BUTORA ("BUTORA") WARRANTS THAT PRODUCTS AND RELATED PARTS ("PRODUCT") ARE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP FOR A PERIOD OF 1 YEAR FROM THE DATE OF PURCHASE AS SHOWN ON THE PURCHASE RECEIPT. THIS LIMITED WARRANTY APPLIES ONLY TO THE ORIGINAL PURCHASER AND IS NOT TRANSFERRABLE OR ASSIGNABLE. THIS LIMITED WARRANTY IS CONTINGENT UPON THE PURCHASER MAINTAINING AND USING THE PRODUCT IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED BY BUTORA. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILTY AND FITNESS FOR A PARTICULAR PURPOSE.
THIS LIMITED WARRANTY IS FOR THE REPAIR OR REPLACEMENT OF PRODUCT(S) ONLY. THIS LIMITED WARRANTY DOES NOT INCLUDE LABOR, SHIPPING, OR OTHER COSTS ASSOCIATED WITH INSTALLATION.
IMMEDIATELY DISCONTINUE USE OF THE PRODUCT IF YOU FIND WHAT YOU BELIEVE IS A DEFECT IN THE PRODUCT. YOU MUST NOTIFY US IN WRITING WITHIN FIFTEEN (15) DAYS OF DISCOVERY OF THE DEFECT. AFTER RECEIVING NOTIFICATION OF THE DEFECT, BUTORA WILL, IN ITS SOLE DISCRETION, REPAIR, REPLACE OR REFUND THE PURCHASE PRICE OF THE PRODUCT FOUND TO BE DEFECTIVE UNDER NORMAL USE AND SERVICE DURING THE WARRANTY PERIOD. BUTORA RESERVES THE RIGHT TO REQUIRE THE PURCHASER TO RETURN THE PRODUCT TO ITS FACILITY FOR INSPECTION PRIOR TO BUTORA MAKING A WARRANTY DETERMINATION. IN SUCH EVENT, PURCHASER SHALL BE RESPONSIBLE FOR FREIGHT OR SHIPPING COSTS TO GET THE PRODUCT TO BUTORA. BUTORA SHALL BE RESPONSIBLE FOR FREIGHT OR SHIPPING COSTS TO RETURN THE REPAIRED OR REPLACEMENT PRODUCT TO PURCHASER. WHEN THIS LIMITED WARRANTY INVOLVES THE REPLACEMENT OF A PRODUCT, THE REPLACED PRODUCT BECOMES BUTORA'S PROPERTY AND THE REPLACEMENT PRODUCT BECOMES THE PROPERTY OF PURCHASER.
THIS LIMITED WARRANTY IS NULL AND VOID IF ANY MODIFICATIONS HAVE BEEN MADE TO THE PRODUCT. THIS LIMITED WARRANTY DOES NOT COVER DAMAGES RESULTING FROM ABUSE, IMPROPER USE, IMPROPER INSTALLATION OR MAINTENANCE, DAMAGE IN TRANSIT, OR ANY OTHER DAMAGE BEYOND THE CONTROL OF BUTORA. NO PERSON, AGENT, SALES REPRESENTATIVE OR DISTRIBUTOR IS AUTHORIZED TO GIVE ANY WARRANTY ON BEHALF OF BUTORA OTHER THAN THIS LIMITED WARRANTY.
NOTHING IN THIS LIMITED WARRANTY AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY THIS LIMITED WARRANTY.
ALL WARRANTY SUPPORT WILL BE PROVIDED IN ACCORDANCE WITH OUR STANDARD WARRANTY PRACTICES, PROCEDURES AND POLICIES.
LIMITATION OF LIABILITY. IN NO EVENT WILL BUTORA, ITS OWNERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OF USE UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO BUTORA FOR THE PRODUCTS OR SERVICES PURCHASED IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
INDEMNIFICATION. Purchaser agrees to indemnify, hold harmless and defend Butora, its owners, managers, employees, representatives and agents from and against all losses, liabilities, damages, claims, and expenses, including attorneys' fees and courts costs, arising out of any claims or lawsuits for damage or injury to any person or property based in whole or in part on, arising out of, or related to in any way the use of or misuse of the Product.
ASSUMPTION OF RISK. YOU AGREE TO ASSUME ALL RISKS AND ACCEPT FULL AND COMPLETE RESPONSIBILITY FOR ANY AND ALL DAMAGES AND INJURY OF ANY KIND, INCLUDING DEATH, PARALYSIS, AND SERIOUS INJURY, WHICH MAY RESULT FROM OR IS RELATED TO YOUR USE OF OR RELIANCE UPON ANY MATERIALS OR INFORMATION PRODUCED BY COMPANY, ITS PARTNERS, AND/OR THAT IS CONTAINED IN ANY COMPANY WEBSITES, CATALOGS, PUBLICATIONS, OWNERS MANUALS, VIDEOS, OR OTHER COMPANY MATERIALS.
MISCELLEANOUS
Taxes. You agree to pay all charges and any applicable taxes incurred by yourself and/or any other users of your credit card, debit card, or other payment method used in connection with any purchase or transaction with the Company at the prices in effect when such charges are incurred.
Shipping. All items that you order and purchase from the Company are transported and delivered by an independent carrier, unaffiliated with the Company. The risk of loss and title for all products purchased from our website pass to you upon our delivery to the carrier (e.g., FedEx, UPS, or USPS). We are not responsible for lost or stolen packages that have a confirmed delivery to the address entered for an order.
Shipping Delays. Butora is not liable for any adverse effects or damages that result from delays in shipments caused by weather conditions, shipping company delays, lost packages, international customs issues, or manufacturing delays.
Product Purchases. All purchases through our website are subject to product availability. We may limit or cancel quantities purchased per person or per order.
Pricing Accuracy. Pricing errors may occur. Butora is not bound by pricing information that is displayed erroneously. In the event of a pricing error, we will make reasonable efforts to rectify the error. We may contact you directly via the email or phone number provided at the time of order placement, or we may post a notice on our website. Butora is not liable for any adverse effects or damages that result from such pricing errors. Our responsibility is limited to either charging the correct price, cancelling the order, or offering a reasonable alternative.
