013 WWW.STUPIDSIMPLE.TOOLSSST003
Limited Warranty, Limitations of Warranty and Disclaimer of Liability
SST Lifetime Warranty
Terms & Limitations
SST00305
LIMITED PRODUCT WARRANTY
STUPID SIMPLE TOOLS™warrants that the MEGAFLOW™ (the “Product”) will, at the
time of purchase by the first retail purchaser (“End User”), comply with the product
specifications (the “Specifications”) published by Stupid Simple Designs, LLC (“SST” or
the “Company”). This warranty is made only to the End User and is not assignable.
PRODUCT WARRANTY DISCLAIMER. LIMITATION OF DAMAGES.
TO THE EXTENT PERMITTED BY LAW AND EXCEPT FOR THE EXPRESS LIMITED
PRODUCT WARRANTY SET FORTH IN THIS AGREEMENT, SSTMAKES NO (AND
EXPRESSLY DISCLAIMS ALL) WARRANTIES, EXPRESS, IMPLIED OR STATUTORY,
WITH RESPECT TO THE PRODUCTS SUPPLIED UNDER THIS AGREEMENT, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF
PERFORMANCE, DEALING, USAGE OR TRADE. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, SST MAKES NO CLAIM, REPRESENTATION, OR WARRANTY OF ANY
KIND AS TO THE UTILITY OF THE PRODUCTS FOR THE END USER’S INTENDED USES.
REMEDY FOR BREACH OF WARRANTY AND LIMITATION OF DAMAGES.
If notified in writing of a valid warranty claim within three months of the date of
purchase by the End User, SST will, at its option, (i) correct the non-conforming Product
so that it materially complies with the Specifications; (ii) provide a replacement Product;
or (iii) terminate the Agreement and refund the purchase price paid for the Product.
SST shall not be obligated to correct, cure, or otherwise remedy any nonconformity
or defect in the Product if the End User has made any changes whatsoever to the
Product, if the Product has been misused or damaged in any respect, or if the End User
has not reported to SST the existence and nature of such nonconformity or defect
promptly upon discovery thereof. IN NO EVENT SHALLSST BE LIABLE FOR ANY PUNITIVE,
RELIANCE, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
LOST REVENUE, LOST PROFITS, OR LOST SAVINGS) IN EXCESS OF THE PURCHASE PRICE
OF THE PRODUCT, HOWEVER CAUSED AND UNDER ANY THEORY, EVEN IF IT HAS NOTICE
OF THE POSSIBILITY OF SUCH DAMAGES. This section states SST’s entire liability and the
End User’s sole and exclusive remedy for breach of warranty.
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