Effective date: 1/19/2018
Swaoff, LLC, dba Yard-X (“Swaoff”, “Yard-X” “we” or “us”) provides the following express limited warranty to the original purchaser of its products: The product is warranted to be free from defects in material and workmanship for a period of ninety (90) days, unless otherwise stated on the product or packaging, from the date of original purchase, subject to the disclaimers and limitations stated below.
This limited warranty extends only to the original purchaser of the product. This limited warranty does not cover a defect resulting from abuse, misuse, neglect or any use not in conformity with the printed directions or commonly intended application of the product. You are urged to inspect the product upon purchase. In the event that a defect in material or workmanship appears within the limited warranty period, please follow the directions below.
Directions for Making a Claim under the Limited Warranty
If you have a claim under the limited warranty stated above, or would like information on how the warranty may apply, contact Swaoff’s customer service via email at email@example.com or via postal delivery to Warranty Claim, Swaoff LLC, 12 Wadsworth Avenue, Waltham, MA 02454.
Swaoff or its designated agent shall have the right to inspect any product prior to executing any remedy provided by this Limited Warranty. The Original Purchaser shall be responsible for safeguarding and holding any alleged defective product for Swaoff’s inspection. Swaoff shall have the option, in its sole discretion, to (a) instruct the Original Purchaser to ship the product, or any part thereof, to Swaoff at the Original Purchaser’s expense, (b) to have its designated agent inspect the product at the original purchaser’s premises, or (c) to require the Original Purchaser to supply to Swaoff digital photographs of the defective product, or any part thereof
At Swaoff’s option, should any Swaoff product, or part thereof, be determined by Swaoff to be defective, Swaoff’s obligation shall be limited to its choice of the following: (a) furnishing a replacement product; (b) supplying replacement parts for the defective product; (c) repairing the defective product; (d) giving the Original Purchaser a credit for the defective product, or part thereof; or (e) providing the Original Purchaser with a refund for the purchase price of the defective product.
If Swaoff requests that you ship the defective product back to Swaoff, you must provide a copy of your packing slip, order, or receipt with the item(s) listed and include with the package the Return Merchandise Authorization Number provided to you on the telephone or via email by
Swaoff. The Original Purchaser shall be responsible for all costs of packaging and shipment of the defective product.
Furnishing of a replacement product or a replacement part under the terms of this Limited Warranty shall not begin a new warranty period related to such replacement product or part but rather shall be limited to the original warranty period associated with the defective product.
DISCLAIMER OF ALL OTHER WARRANTIES AND LIMITATION OF LIABILITY
THE LIMITED WARRANTY STATED ABOVE IS IN LIEU OF ANY OTHER WARRANTY OR REPRESENTATION, WHETHER EXPRESSED OR IMPLIED, WRITTEN OR ORAL. SWAOFF EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. THE WARRANTY IS LIMITED TO THE REMEDY SET FORTH ABOVE, AND EXCLUDES AND DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, LIQUIDATED OR OTHER DAMAGES DIRECTLY OR INDIRECTLY RELATING OR ATTRIBUTABLE TO THE PRODUCTS COVERED BY THIS LIMITED WARRANTY UNDER ANY THEORY OF LAW OR EQUITY (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY, INFRINGEMENT, STATUTE OR OTHERWISE).
SWAOFF SHALL NOT BE LIABLE BEYOND THE LIMITED WARRANTY STATED ABOVE FOR ANY CLAIM RELATING TO THE PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGE OR LOSS RESULTING FROM INABILITY TO USE OR RESELL THE PRODUCTS, PROPERTY DAMAGE, ECONOMIC LOSS, LOST PROFITS, LOSS OF BUSINESS, INCREASED OPERATING COSTS OR LOSS OF PRODUCTION OR ANY OTHER SUCH DAMAGES, EXPENSES OR LOSSES, WHETHER ARISING FROM CAUSES SIMILAR OR DISSIMILAR TO THOSE ENUMERATED HERE. ANY LIABILITY IS EXPRESSLY LIMITED TO AN AMOUNT EQUAL TO THE PURCHASE PRICE PAID.
Some states do not allow limitations on how long an implied warranty lasts, and some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from state to state.
How Disputes Will Be Handled
Any disputes arising from this Limited Warranty or your purchase of or use of any Swaoff product will be governed by the laws of the Commonwealth of Massachusetts. You hereby consent to the exclusive jurisdiction and venue of the Superior Court in Middlesex County, Massachusetts and the United States District Court for the District of Massachusetts in all disputes arising out of or relating to these terms, your use of the Site or your purchase of or use of any Swaoff product.
You and Swaoff agree that any dispute, claim or controversy arising from this Limited Warranty or your purchase of or use of any Swaoff (collectively, “Disputes”) will be settled by binding
arbitration. YOU ACKNOWLEDGE AND AGREE THAT YOU AND SWAOFF ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Swaoff otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org.) Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
If you have any questions about this Limited Warranty, please contact us at firstname.lastname@example.org or at Swaoff LLC, 12 Wadsworth Avenue, Waltham, MA 02454.