This limited warranty is made between Snake Seal. (“Snake Seal” and the original purchaser (“YOU”) of goods sold directly to you by Snake Seal (“THE GOODS”). Your acceptance of the goods constitutes your acceptance of this warranty without the requirement that it be signed by you.
Snake Seal warrants to you that for one (1) years beginning on the date we ship the Goods from our facility (the “Warranty Period”) the Goods will be free from defects in materials and workmanship (the “Warranty”). The Warranty shall not apply to defects resulting from (i) use of the Goods other than as directed by Snake Seal, other than as reasonably anticipated by Snake Seal, or other than for a purpose intended by Snake Seal; (ii) improper installation; or (iii) Goods that have been modified by any person other than Snake Seal. The Warranty also does not cover cosmetic damage, finish wear, or loss or failure to adhere to applied surface material. Except as expressly stated in this warranty, neither Snake Seal, nor any person acting on behalf of Snake Seal, has made, is making, or shall be deemed to have made any oral or written representations or warranties, whether expressed or implied, by operation of law or otherwise (including without limitation warranties of merchantability or fitness for a particular purpose), with respect to the goods. If Snake Seal cannot lawfully disclaim statutory or implied warranties, then to the extent permitted by law, all such warranties shall be limited in duration to the warranty period. Some states may not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. For purposes of clarity, you acknowledge that the Warranty does not cover any condition arising from ordinary wear and tear on the Goods.
You shall notify Snake Seal, in writing, of any alleged claim that the Goods have a defect in materials or workmanship and do not satisfy the Warranty (“Warranty Claim”) within thirty (30) days from the date you discover, or should have discovered, such alleged defect. The notice must include proof of the date of purchase of the Goods that is satisfactory to Snake Seal in its sole discretion. Such notice must be given during the Warranty Period. When providing such notice to Snake Seal, you shall ship the allegedly defective goods to Snake Seal at the return address on its website. If Snake Seal determines in its sole discretion that such goods contained a defect in materials or workmanship, Snake Seal shall in its sole discretion, and at its expense either (i) repair or replace the alleged defective goods, or (ii) provide you with a credit or refund for the purchase price of the alleged defective goods. The foregoing shall be your exclusive remedy for the allegedly defective goods.
No liability for consequential or indirect damages. Neither Snake Seal, nor its officers, directors, shareholders, employees, or agents shall be liable for consequential, indirect, incidental, special, aggravating, punitive or enhanced damages, or lost profits or revenues, arising out of or relating to the goods, regardless of (a) whether such damages were foreseeable, (b) whether or not Snake Seal was advised of the possibility of such damages, or (c) the legal or equitable theory upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose
Maximum liability of Snake Seal. Snake Seal’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, shall not exceed the total of the amounts paid to Snake Seal for the allegedly defective goods purchased by you from Snake Seal.
Assumption of Risk
Regardless of any oral or written statements made by Snake Seal related to the use of the goods, you assume all risks and liability for improper installation; from improper modifications; from modifications by any person other than Snake Seal; or from or by use of the goods other than as directed by Snake Seal, other than as reasonably anticipated by Snake Seal, or other than for a purpose not intended by Snake Seal.
This agreement shall be governed by and construed in accordance with the laws of the state of Minnesota, without regard to any conflicts of law principles. Venue for all legal proceedings arising out of this agreement, shall exclusively be in state court in Olmsted County, Minnesota. All parties irrevocably submit to the exclusive jurisdiction of the state court in Olmsted County, Snake Seal in any such proceeding and waives any objection based on improper venue or forum non conveniens. If any term of this warranty is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. You shall not assign the warranty, and any purported assignment shall be null and void.