LIMITED WARRANTY FOR SERVICES
This Limited Warranty is part of your Guitar Customization Services Agreement.
Subject to the terms, conditions and procedures set forth hereinafter, NO SHADOWS OPTICS, LLC (NSO) warrants to the purchasing customer (Customer or You, as defined and more fully identified in the applicable Guitar Customization Services Agreement (GCSA)) that the Services (as defined in the GCSA), including the parts and materials used and installed by NSO in connection therewith, in ordinary use and when used, operated, stored and maintained in accordance with any applicable NSO recommended procedures, will conform to their current, applicable specifications as agreed or published by NSO, and will be free from defects in materials and workmanship for a period of six (6) months after receipt by Customer of the Equipment (as defined in the GCSA) for which NSO’s customization Services were performed (Warranty Period) under the GCSA.
NSO will correctly re-perform the Services and/or repair or replace parts and/or materials installed by it in any Equipment reasonably determined by NSO to be defective and to have failed within the Warranty Period, provided NSO is notified in writing of such failure or defect not later than thirty (30) days after expiration of the Warranty Period. Equipment returned for warranty service must be personally delivered or returned to NSO’s designated warranty repair facility, adequately packaged for shipment, F.O.B. destination, freight prepaid and insured, not later than forty-five (45) days after expiration of the Warranty Period. Customer assumes all risk of loss or damage to returned Equipment in transit. The applicable GCSA contract number or a copy of the applicable GCSA may be required.
This Limited Warranty extends solely to Customer and all warranty claims must be made by Customer and not by Customer’s successor(s) or others. Re-performance of Services and/or repair or replacement of any covered parts and/or materials by NSO does not extend the Warranty Period. NSO’s liability is limited to the re-performance of Services and/or the repair or replacement of the defective parts and/or materials used or installed by NSO. Upon receipt of NSO’s notice of completion of warranty repair services, Customer agrees to arrange for prompt pick-up or reshipment of the repaired Equipment. Customer assumes all risk of loss or damage to the repaired Equipment in transit, whether resulting from the use or re-use of Customer’s packaging or otherwise. In the event of loss or damage to repaired Equipment in transit, NSO shall have no responsibility for dealing with the carrier or insurer regarding any claim. NSO agrees to reimburse Customer for its actual, reasonable freight costs incurred (excluding packaging and any costs associated with personal delivery) for Equipment repaired by NSO under this Limited Warranty, provided Customer makes timely written claim therefor and submits documentation of such costs reasonably satisfactory to NSO.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT, AND SETS FORTH NSO’s ENTIRE OBLIGATION AND Customer’s EXCLUSIVE REMEDY IN CONNECTION WITH SUCH WARRANTY OR ITS BREACH. ANY IMPLIED WARRANTIES FOR WHICH THIS DISCLAIMER IS INEFFECTIVE UNDER APPLICABLE LAW ARE LIMITED IN DURATION TO THE WARRANTY PERIOD.
Exclusions: This Limited Warranty does not apply to ordinary wear and tear, minor cosmetic issues or Equipment appearance issues that rely for their resolution on substantially subjective assessments or individual taste. In addition, NSO shall have no obligation in connection with Equipment that has been (i) improperly stored, installed, operated, used or maintained, (ii) damaged, whether in transit or otherwise, or subjected to misuse, abuse, or excess duty cycle or electrical charge, or (iii) altered or modified in a way that NSO reasonably determines to have adversely affected performance or reliability.
Customer understands and agrees that NSO’s sole obligation and Customer’s exclusive remedy, whether in contract, tort or otherwise, shall be the re-performance of Services and/or the repair or replacement of defective parts and/or materials used or installed by NSO. NSO’s entire liability under this Limited Warranty shall in no event exceed the actual price paid by Customer for Services performed under the applicable GCSA. NSO SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, COLLATERAL, EXEMPLARY OR OTHER DAMAGES, ARISING OUT OF OR CONNECTED IN ANY WAY WITH BREACH OF WARRANTY OR OTHERWISE, INCLUDING ANY LOSS OF USE OR REVENUES OR PROFITS, HOWSOEVER ARISING AND REGARDLESS OF THE FORM OF ACTION (INCLUDING NEGLIGENCE), WHETHER OR NOT NSO WAS ADVISED OF THE POSSIBILITY THEREOF. SHOULD NSO BE UNABLE FOR ANY REASON TO PROVIDE THE WARRANTY REMEDIES PROVIDED HEREIN, OR SHOULD NSO DETERMINE THAT THE PROVISION THEREOF IS IMPRACTICAL OR COMMERCIALLY UNREASONABLE, THEN NSO SHALL HAVE THE RIGHT, IN LIEU OF SUCH RE-PERFORMANCE, REPAIR OR PARTS OR MATERIALS REPLACEMENT AS AFORESAID, TO REFUND TO CUSTOMER THE AMOUNT ACTUALLY PAID BY IT UNDER THE GCSA IN RESPECT OF THE SERVICES RENDERED. IN SUCH CASE, SUCH REFUND SHALL CONSTITUTE FULL DISCHARGE AND SATISFACTION OF NSO’s OBLIGATIONS UNDER THIS LIMITED WARRANTY.
Some states do not allow the exclusion or limitation of incidental or consequential damages in consumer sales or limitations on how long an implied warranty lasts. If you are a consumer Customer (rather than a merchant or similarly situated Customer, as defined by applicable law), the above exclusions or limitations may not apply to you or may apply to you in limited extent. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.