Smartman Tools warrants to the original owner-user that this Smartman Tools product will be free from defects in material or workmanship. This warranty is limited to six (6) months from the date of shipment from Smartman Tools, whether or not actual use begins on that date.
Limitations and Exclusions
Smartman Tools’ obligations under this warranty and the sole remedy for its breach are limited to repair, at its manufacturing facility, of any part or parts of its Smartman Tools products which prove to be defective; or, in its sole discretion, replacement of such products. All returns of defective parts or products must be made through Smartman Tools Customer Service. Authorized returns must be shipped prepaid. Repaired or replacement parts will be shipped by Smartman Tools.
- The warranty provided herein does not cover charges for labor or other costs incurred in the troubleshooting, repair, removal, installation, service or handling of parts or complete products.
- All claims under the warranty provided herein must be made within ninety (15) days from the date of discovery of the defect. Failure to notify Smartman Tools of a warranted defect within ninety (90) days of its discovery voids Smartman Tools’ obligations hereunder.
- The warranty provided herein shall be void and of no effect in the event that (a) the product has been operated outside its designed output capacity (cutting shingles, nails, and wood); (b) the product has been subjected to misuse, neglect, accident, improper or inadequate maintenance, corrosive environments, environments containing airborne contaminants (silicone, aluminum oxide, etc.), or excessive thermal shock; (c) unauthorized modifications are made to the product; (d) the product is not installed or operated in compliance with the manufacturer’s printed instructions; (e) the product is not operated in compliance with applicable building, mechanical, plumbing and electrical codes; or (f) the serial number of the product has been altered, defaced or removed.
- The warranty provided herein is for repair or replacement only. Smartman Tools LLC shall not be liable for any loss, cost, damage, or expense of any kind arising out of a breach of the warranty. Further, Smartman Tools LLC shall not be liable for any incidental, consequential, exemplary, special, or punitive damages, nor for any loss of revenue, profit or use, arising out of a breach of this warranty or in connection with the sale, maintenance, use, operation or repair of any Smartman Tools product. In no event will Smartman Tools be liable for any amount greater than the purchase price of a defective product. The disclaimers of liability included in this paragraph 4 shall remain in effect and shall continue to be enforceable in the event that any remedy herein shall fail of its essential purpose.
- THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR THE RIPCART PRODUCTS, AND IS IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES. SMARTMAN TOOLS LLC SPECIFICALLY DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. No person or entity is authorized to bind Smartman Tools LLC to any other warranty, obligation or liability for any RipCart product. Installation, operation or use of the RipCart product for which this warranty is issued shall constitute acceptance of the terms hereof.