This Limited Warranty is a legal document that applies to the purchase of Neon Cowboys’ products (“Product”).
NEON COWBOYS warrants to the original end user purchaser (the “Customer”) that the Product shall be in operable condition at the time of purchase of the Product by Customer. Any claim for breach of warranty must be made within three business days after purchase, with the original receipt showing date of purchase. Remedies against NEON COWBOYS for breach of warranty or other duties are limited solely to replacement of the affected Product, or at NEON COWBOYS’ election, return of the purchase price of the affected Product. For additional Product information, visit www.neoncowboys.com. However, the terms and conditions in this Limited Warranty supersede any inconsistent terms and conditions set forth elsewhere.
The Warranty set forth above shall not apply to failure of the Product if the Product has been subjected to: (i) Physical abuse, misuse, abnormal use, or use not consistent with NEON COWBOYS’s published directions with respect to the use of the Product, (ii) modification or repair to the Product by anyone other than NEON COWBOYS or third parties designated by NEON COWBOYS; (iii) fraud, tampering, unusual physical stress, negligence or accidents; or (iv) improper packaging of Product returns. Customer is responsible for cost of shipping and handling. Additionally, the Product may contain electrical and battery operated devices and should be treated with all reasonable care applicable to devices and products containing such electrical and battery devices. Neon Cowboys shall not be responsible for any damage or injury caused by improper use or handling of the Product or caused by faulty batteries (Customer is solely responsible for purchasing proper batteries and replacing such batteries). The Product is not a toy and is not intended for minors.
THE REMEDY SET FORTH ABOVE SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EXPRESS WARRANTY GIVEN HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND NEON COWBOYS HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT). NEON COWBOYS NEITHER ASSUMES NOR AUTHORIZES ANY EMPLOYEE, AGENT, DISTRIBUTOR OR OTHER PERSON OR ENTITY TO ASSUME FOR NEON COWBOYS ANY LIABILITY IN CONNECTION WITH THE MANUFACTURE, SALE, SUPPLY OR USE OF ANY PRODUCT. NEON COWBOYS’S LIABILITY ARISING OUT OF THE MANUFACTURE, SALE OR SUPPLY OF ANY PRODUCT OR ITS USE OR DISPOSITION, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL PRICE PAID BY CUSTOMER FOR SUCH PRODUCT. CUSTOMER HAS ACCEPTED THIS DISCLAIMER OF LIABILITY FOR CERTAIN DAMAGES CONTAINED HEREIN AS PART OF A BARGAIN WITH RESPECT TO THE PRICING OF THE PRODUCTS AND UNDERSTANDS THAT THE PRICING WOULD BE HIGHER IF NEON COWBOYS WERE REQUIRED TO BEAR LIABILITY IN EXCESS OF THAT STATED HEREIN.
IN NO EVENT SHALL NEON COWBOYS BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR SPECIAL, INCIDENTAL, NON-COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR REVENUE, OR INTERRUPTION OF BUSINESS IN ANY WAY ARISING OUT OF THE AGREEMENT OR THE MANUFACTURE, SALE, SUPPLY OR USE OF ANY PRODUCT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF ANY REPRESENTATIVE OF NEON COWBOYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL OF THE LIMITATIONS SET FORTH IN THE AGREEMENT AND THESE GENERAL TERMS AND CONDITIONS SHALL APPLY (I) NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (II) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
