Please read the following carefully. It affects your rights as a purchaser of this hardware product (the "Product").
BY USING THE PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS WARRANTY AS SET OUT BELOW. DO NOT USE THE PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY THEN RETURN IT WITHIN THE RETURN PERIOD IN ACCORDANCE WITH OUR RETURN POLICY AVAILABLE AT: Returns.
The warranty obligations and liability of OMC2 LLC, trading as Bantam Tools ("us", "our" or the “Company”) with respect to the Product is, to the extent permitted by applicable law, limited exclusively to the terms set forth below (this “Warranty”).
1. WARRANTY SERVICE
If a material defect in the materials or workmanship of this Product arises under normal use, and a valid claim is received by us within one (1) year from the date that Product was purchased, or the date a replacement Product was delivered to you (the "Warranty Period"), at our sole option and subject to the restrictions set out in this Warranty, Company will either: (1) Repair the Product at no charge to you, using new or refurbished replacement parts; (2) Exchange the Product with a product that is new or reconditioned by Company or that has been manufactured from new or serviceable used parts and is functionally equivalent to the original Product; or (3) Refund the purchase price of the Product (but not any amount that you have paid in respect of tax, shipping and delivery).
In order to make a claim under this Warranty, you must notify us of the claim, giving details of the defect, and return the Product to us within the Warranty Period. You will also be responsible for the costs of shipping the Product to us.
When the Product is exchanged, any replacement item becomes your property and the replaced item becomes Company property. In order to receive a refund, the Product for which the refund is provided must be returned to Company and becomes the property of Company.
2. EXCLUSIONS FROM & LIMITATIONS TO WARRANTY
This Warranty applies only to hardware products manufactured by or for Company. The Warranty does not apply to any non-Company hardware products or any software, even if packaged or sold with the Product. Manufacturers, suppliers, or publishers other than Company may provide their own warranties to the end user purchaser. Software distributed by Company with or without the Company brand name (including, but not limited to system software) is not covered under this Warranty. Refer to the terms and conditions for the software for details of your rights with respect to its use.
This Warranty does not apply to any wearable parts that will deteriorate with the normal use of the Product, including: (1) spindle assembly; (2) spindle motor; (3) spindle belts and pulleys; (4) limit switch assemblies; (5) linear actuator motors, lead screws and nut assemblies; and (6) linear guide rails and bushings (the "Wear Parts"). If you return a Product to us and we discover that the defect has been caused by normal use of a Wear Part, we may invoice you for the cost of any replacement Wear Parts prior to repairing the product and returning it to you.
To the extent permitted under applicable law, the Company will not be responsible for: (1) defects caused by accident, abuse, misuse, neglect, flood, fire, earthquake, or other external causes; (2) defects caused by operating the Product outside the permitted or intended uses described by Company; (3) defects arising or resulting from failure to follow instructions relating to the Product's use, storage or handling; (4) damage to a Product or part caused by or resulting from a modification to alter its functionality or capability without the written permission of Company; (5) cosmetic damage, including but not limited to scratches, dents, and ordinary wear and tear; and (6) defects caused by errors in, or failure of any software used with the Product.
3. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The Product is (except to the extent otherwise expressly stated by us in this Warranty) provided “AS IS” and “AS AVAILABLE”, and, except as expressly set forth in this Warranty, the Company excludes (to the extent permitted under applicable law) any representation, warranties, or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose and non-infringement.
Some states, provinces, and countries restrict or do not allow limitations on warranties, which may affect your rights, and this Warranty may be adjusted to maintain compliance with such limitations or restrictions.
Except as provided in this Warranty and to the extent permitted by law, Company shall not be responsible, whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or ANY OTHER THEORY for any AND ALL direct, indirect, special, incidental, or consequential loss; loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to, or corruption of data; or any AND ALL indirect or consequential lossES or damageS howsoever caused, including the replacement of equipment and property, any AND ALL costs of recovering, programming, or reproducing any program or data stored or used with the Product and any AND ALL failure to maintain the confidentiality of data stored on the Product.
Nothing in this Warranty excludes or limits our liability for any matter for which it would be unlawful for us to do so.
This limitation of liability will not apply to claims for bodily injury, or damage to real property or tangible personal property for which Company is legally liable. In no event will either party be liable for any damage caused by the other party's failure to fulfill its responsibilities under this Warranty.
Some jurisdictions do not allow for the foregoing damages cap and exclusion or limitation of damages, so the above limitations may not apply to you.
4. OBTAINING WARRANTY SERVICE
Please access and review the online help resources referred to in the documentation accompanying this Product before requesting warranty service. If the Product is still not functioning properly after making use of these resources, please contact Company at firstname.lastname@example.org.
Help us help you. You must provide reasonable assistance to Company in diagnosing issues with your Product and follow Company’s warranty processes.
Service options, parts availability, and response times may vary. In accordance with applicable law, Company may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. Please refer to the according documentation for more details on this and other matters on obtaining warranty service.
If any term of this Warranty is held to be illegal or unenforceable by a court of competent jurisdiction, the legality or enforceability of the remaining terms shall not be affected or impaired and shall remain in full force and effect.
You may not assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of the rights or obligations under this Warranty, save that all such rights and obligations shall automatically be transferred to any purchaser of the Product from you.
We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of our rights or obligations under this Warranty to any person or entity.
No one other than you or us (and permitted assignees) shall have any right to enforce any terms of this Warranty.
This Warranty shall in all respects be governed by the laws of the State of California without reference to its principles of conflict of laws. You and the Company hereby agree that all disputes arising out of this Warranty shall be subject to the exclusive jurisdiction of and venue in the federal and state courts within San Francisco county, California.