(a) Warranty for Dean James LLC All American Mower Blade Sharpener and related products.
(i) Warranty. Seller warrants to Purchaser that the Dean James LLC Products will be free of defects in materials and workmanship, under the normal use for which they were designed. For a period beginning on the date that the Product is shipped by Seller to Purchaser and continues for three hundred sixty five (365) days thereafter (“Warranty Period”) for all elements except for consumable items for which no warranty is provided. This warranty shall extend only to Purchaser and shall not be transferable.
(ii) Notification and Return. Within thirty (30) days of discovery, but in no event later than the last day of the applicable warranty period, Purchaser shall notify Seller of any failure to conform to the warranty set forth. Any claims not brought to the Seller’s attention within the time specified in the preceding sentence shall be deemed waived. Purchaser shall then request an RMA number from Seller and otherwise proceed to return the affected component to Seller in accordance with the provisions in this warranty.
(iii) Repair, Replacement, or Refund. Following confirmation by Seller that the returned product is defective, Seller shall, within a reasonable time after receipt of failed product to conform to the warranty. Such correction shall, at Seller’s option, consist of either (1) repairing the affected product with new or refurbished parts or (2) providing a replacement. Such repair or replacement shall be at Seller’s expense. If Seller is unable satisfactorily to repair or replace the affected product after a reasonable number of attempts, then Seller shall, upon return to it of the product, refund to Purchaser the full purchase price of the System. These remedies shall be Purchaser’s exclusive remedies for breach of warranty.
(b) Warranty for Third-Party Products. The warranties for Third-Party Products shall run directly from the manufacturers of such products to Purchaser. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE THIRD-PARTY PRODUCTS. IF THE THIRD-PARTY MANUFACTURERS DO NOT OFFER WARRANTIES TO PURCHASER, THEN PURCHASER ACCEPTS THE THIRD-PARTY PRODUCT “AS IS.”
(c) Warranty Exclusions. Seller does not warranty (i) any product, component, or part not manufactured by Seller (although the third party manufacturer may offer such a warranty to Purchaser), (ii) defects caused by failure to provide a suitable installation and operating environment, (iii) defects caused by use of the Product for purposes other than that for which it was designed, (iv) defects caused by unauthorized attachments, (v) defects caused by modifications or repairs done by other then Seller, or (vi) any other abuse or misuse of the Product.
(d) Limitation of Warranty. EXCEPT FOR EXPRESS WARRANTIES SET FORTH ABOVE, SELLER GRANTS NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BY STATURE OR OTHERWISE, REGARDING THE PRODUCT, ITS FITNESS FOR ANY PURPOSE, ITS QUALITY, ITS MERCHANTABILITY, OR OTHERWISE.
(e) No other warranty. No employee of Seller or any other party is authorized to make any warranty on behalf of Seller, other then those set forth in this Agreement.
(f) Allocation of Risks. This warranty allocates the risk of Product failure between Seller and Purchaser. This allocation is recognized by both parties and is reflective in the price of the Product.