BODY LANTERN, LLC LIMITED WARRANTY
LIMITED WARRANTIES. Purchaser acknowledges that it has made the selection of the Body Lantern, LLC (“Seller”) product (the “Product”) based on Purchaser’s own judgment that the Product suits the needs of Purchaser. Seller warrants that at the time of the sale of the Product, the Product is free from material defects. If at any time within thirty (30) days after its purchase of the Product, should Purchaser return the Product to Seller for ANY reason (regardless of whether or not there is a defect in the Product itself), Seller will issue a full refund to Purchaser of the purchase price for the Product. Seller shall be responsible for refunding shipping and handling charges only if the Product is defective.
If at any time between thirty-one (31) days and six months after its purchase of the Product, should Purchaser return the Product to Seller for ANY reason, Seller will replace at its expense the Product with the same or similar Product then being marketed by Seller. In such event, Seller shall be responsible for refunding shipping and handling charges only if the Product is defective.
If at any time after six months after its purchase of the Product and before the expiration of one year after its purchase of the Product, Purchaser returns the Product and is able to demonstrate that the Product is not functioning properly, Seller will replace at its expense the Product with the same or similar Product then being marketed by Seller.
No claims for defects or for any other cause will be honored unless made in writing and sent to Seller by registered mail, return receipt requested, within the time frames stated hereinabove.
This limited warranty is Purchaser’s exclusive remedy. Except as herein provided, Seller shall not be liable to Purchaser in any manner with respect to the Product. In no event shall Seller’s liability to the Purchaser ever exceed the Total Purchase Price of the allegedly defective Product.
NO IMPLIED WARRANTIES OF ANY TYPE, WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR OTHERWISE SHALL APPLY TO PRODUCT PURCHASED FROM SELLER BY THE PURCHASER, AND SELLER SHALL NOT BE LIABLE TO THE PURCHASER, IN ANY EVENT, FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, WHETHER ARISING FROM THE SALE OF THE PRODUCT, ANY DEFECT IN THE PRODUCT, ANY USE OF THE PRODUCT, OR PURCHASER’S INABILITY TO USE THE PRODUCT, OR OTHERWISE. THE FOREGOING LIMITED WARRANTY IS GIVEN BY SELLER IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
GENERAL. This Agreement and the rights, duties and obligations of Purchaser are not assignable by Purchaser. Any attempt by Purchaser to assign this Agreement or any of the rights, duties or obligations of the Purchaser without such consent is void.
This Agreement is governed by the laws of the State of North Carolina and any disputes hereunder shall be subject to the exclusive jurisdiction of the General Court of Justice for Iredell County, North Carolina. Both parties waive the right to a jury trial for any disputes arising hereunder.