Warranty Statement
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MANUFACTURER’S LIMITED WARRANTY
Natura Onecoat, LLC (“NATURA”) warrants that the purchased NATURA products (the “Product”) sold to the first end user (“BUYER) will be (i) free from defects in material and workmanship under use in accordance with NATURA’s written product instructions and guidelines given on the Product’s packaging and on www.naturaonecoat.com, and (ii) will be sold with good and valid title, free of any liens or encumbrances. This warranty is valid for six (6) months from the date BUYER purchases the Product.
I. METHOD FOR OBTAINING WARRANTY SERVICE
a. To obtain warranty service under this Manufacturer’s Limited Warranty, BUYER must provide
a written notice to [email protected] explaining (i) the alleged defects BUYER believes show the Product’s non-conformity with this limited warranty, and (ii) pictures of the allegedly defective Product within thirty (30) days of discovery. If BUYER does not include photographs, the request will be treated as improper service request and no service will be rendered by NATURA.
b. Within a reasonable period of time upon learning of the alleged defect, NATURA may, in its sole discretion, request BUYER ship the allegedly defective Product to NATURA at a provided address for verification of the defect. BUYER shall bear the cost of shipping the alleged defective Product to NATURA, and NATURA shall reimburse BUYER for its reasonable shipping expenses if NATURA determines that the Product is defective in relation to this limited warranty in its sole discretion.
II. WARRANTY SERVICES PROVIDED
a. If NATURA determines, in its sole discretion, that the Product is defective, BUYER’s sole and exclusive remedy shall be to request either (1) a refund for the value of the defective Product or (2) a replacement for the defective Product. This refund or replacement shall be the sole obligation of NATURA and the exclusive remedy of BUYER under this agreement.
III. EXCLUSIONS FROM WARRANTY
This Manufacturer’s Limited Warranty does not cover Products that have been subject to:
a. Any modifications, additions, alterations, or tampering;
b. Improper use or application;
c. Damage due to improper handling;
d. Damage due to improper storage;
e. Normal wear and tear;
f. Physical damage to the Product as a result of unreasonable use and/or negligence; or
g. Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane.
NATURA expressly disclaims any guarantees regarding Product performance, as results may vary significantly depending on factors such as wood type, surface preparation, application method, and environmental conditions.
IV. LIMITATIONS ON WARRANTY
a. This Manufacturer’s Limited Warranty is provided by NATURA, and it contains the only express warranty provided to BUYER by NATURA. NATURA does not authorize any other person, including distributors, to give any other warranties on NATURA’s behalf.
NATURA DISCLAIMS ANY EXPRESS WARRANTY NOT PROVIDED HEREIN AND ANY IMPLIED WARRANTY, GUARANTY OR REPRESENTATION AS TO PERFORMANCE, QUALITY AND ABSENCE OF HIDDEN DEFECTS, AND ANY REMEDY FOR BREACH OF CONTRACT, WHICH BUT FOR THIS PROVISION, MIGHT ARISE BY IMPLICATION, OPERATION OF LAW, CUSTOM OF TRADE OR COURSE OF DEALING, INCLUDING IMPLIED WARRANTIES OF WORKMANLIKE QUALITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NATURA FURTHER DISCLAIMS, ANY RESPONSIBILITY FOR LOSSES, EXPENSES, INCONVENIENCES, SPECIAL, INDIRECT, SECONDARY OR CONSEQUENTIAL, INCIDENTAL, AND CONTINGENT DAMAGES WHATSOEVER, INCLUDING DAMAGES ARISING FROM OWNERSHIP OR USE OF PRODUCT. IMPLIED WARRANTIES IN JURISDICTIONS WHERE THEY MAY NOT BE DISCLAIMED SHALL BE IN EFFECT ONLY FOR THE DURATION OF THE EXPRESS WARRANTY SET FORTH HEREIN. IF BUYER HAS A CLAIM UNDER THIS MANUFACTURER’S LIMITED WARRANTY OR UNDER ANY IMPLIED WARRANTIES PROVIDED TO BUYER BY STATE LAW, BUYER MAY NOT FILE A COURT ACTION BASED ON THAT CLAIM ANY LATER THAN ONE (1) YEAR AFTER BUYER’S RIGHT TO FILE A COURT ACTION ACCRUES. IN THOSE STATES WHICH DO NOT ALLOW THIS LIMITATION ON THE TIME PERIOD FOR FILING A COURT ACTION, THIS PROVISION IS INAPPLICABLE.
V. LIABILITY AND REMEDIES UNDER NO CIRCUMSTANCES WILL NATURA OR ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF NATURA’S PRODUCTS OR NATURA’S SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF NATURA’S PRODUCTS OR NATURA’S SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. BUYER AGREES THAT WITH REGARD TO ANY POTENTIAL CLAIM RELATING TO NATURA’S PRODUCTS OR NATURA’S SERVICES, IT SHALL WAIVE AND NOT SEEK ANY REMEDY OTHER THAN A CLAIM FOR BREACH OF THIS LIMITED WARRANTY TO BE SOUGHT SOLELY AND EXCLUSIVELY FROM NATURA. IN PARTICULAR, BUYER AGREES THAT IT SHALL NOT SEEK ANY REMEDY FROM ANY OWNERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSOCIATES, PARENTS, SUBSIDIARIES, OR AFFILIATES OF NATURA, AND BUYER HEREBY WAIVES ANY AND ALL OTHER POTENTIAL CLAIMS AGAINST SAID PARTIES. NATURA’S TOTAL AGGREGATE LIABILITY TO BUYER OR ANY OTHER PERSON OR ENTITY FOR ANY AND ALL CLAIMS AND DAMAGES ARISING FROM OR OUT OF THESE TERMS (WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY BUYER TO NATURA UNDER THE APPLICABLE PURCHASE ORDER.
VI. MISCELLANEOUS
a. Any description of the Product, whether in writing or made orally by NATURA or NATURA’s agents, specifications, samples, models, bulletins, drawings, diagrams or similar materials used in connection with BUYER’s order, are for the sole purpose of identifying the Product and shall not be construed as an express warranty. Any suggestions by NATURA or NATURA’s agents regarding use, application, or suitability of the Product shall not be construed as an express warranty unless confirmed in writing by NATURA to be such.
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