Subject to and conditional upon the following terms and conditions, L.H. Dottie Company warrants to original retail purchasers of product directly from authorized L.H. Dottie Company distributors (“End-Users”) that at the time of shipment, such products shall be free of defects in material or workmanship (“Limited Warranty”). L.H. Dottie Company will, at its option, repair, replace, or refund the purchase price; provided, however, the product, and an invoice or other proof of purchase satisfying conditions of this Limited Warranty, are received by L.H. Dottie Company during the Warranty Period (defined below).
Except for products with a stated shelf life (in which case the warranty period will be the lesser of one year or the stated shelf life), this Limited Warranty runs for a period of 90 days from the date the End-User purchased the product from an authorized L.H. Dottie distributor (“Warranty Period”). Warranty claims received by L.H. Dottie after the expiration of the Warranty Period will not be honored.
THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS (INCLUDING, BUT NOT LIMITED TO, PATENT AND COPYRIGHT RIGHTS), ALL OF WHICH OTHER WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
L.H. DOTTIE COMPANY’S TOTAL LIABILITY, WHETHER IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE, OR OTHERWISE SHALL NOT EXCEED THE COST OF REPAIR OR REPLACEMENT OF THE PRODUCT COVERED BY THIS LIMITED WARRANTY, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, L.H. DOTTIE COMPANY SHALL NOT HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION COST OF DEFENSE, LOST REVENUES, LOST PROFITS, LOSS OF GOODWILL OR LOST PRODUCTION, DAMAGE TO EQUIPMENT AND PROPERTY, OR ANY COSTS OF REPAIRS OR DAMAGE RELATING TO PRODUCT
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the foregoing limitation or exclusion may not apply to all End-Users.
This Limited Warranty does not cover ordinary wear and tear; or, product that has been damaged by accident, abuse, misuse, misapplication, overloading, altered or modified without prior written permission of L.H. Dottie Company; or, product that has not been installed, used, operated, or maintained in accordance with L.H. Dottie Company's written instructions. This Limited Warranty is not transferable or applicable to any person other than the original End-User. No L.H. Dottie Company distributor, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty.
End-User is solely responsible for determining the suitability of L.H. Dottie Company’s products for their use, or for incorporating them into articles or using them in End-User’s applications.
Authorized L.H. Dottie Company distributors are authorized to extend this Limited Warranty to their original End-User’s in connection with sales of L.H. Dottie Company products; provided, however, such products have not been altered by the distributor. The distributor shall be exclusively responsible for any warranties the distributor makes to its purchaser that are in addition to or more extensive than this Limited Warranty.