Warranty

Attic Breeze Lifetime Parts Limited Warranty

With all metal zincalume alloy construction, commercial-grade monocrystalline solar panels, and UltraFlo® design technology, Attic Breeze manufactures top-of-the-line performance, trusted by homeowners everywhere. We manufacture our products right here in the USA from the best domestic and foreign materials we can source because American manufacturing matters when it comes to long lasting product performance. Unlike the “over-seas” made products you might find in a retail store, we never use plastic materials or discount parts because we believe in making a professional-grade product that is engineered to last a lifetime, even if that means it may cost a little more to make. Offering solar powered ventilation products that are both third-party tested and windstorm certified, we stand behind our quality workmanship with an industry leading lifetime warranty.

What Does It Cover?

Motor

Motor brushes, bearings, and any manufacturer defects.

Solar Panel

Electrical issues, solar cells, and any manufacturer defects.

Thermal Control/Fire Safety Switch

Any manufacturer defects.

Fan Blade

Any manufacturer defects.

Flashing & Hood

Welds, mechanical locks, and any manufacturer defects.

Every Part Of Your Solar Attic Fan Is Covered For As Long As You Own It

What Does It Not Cover?

Physical Damage

(ex. dropping the fan off the roof during installation)

Modifications

(ex. rewiring the fan)

Nature

(ex. tree limbs falling on the fan, lightning strikes, etc...)

Rodent Damage

(ex. chewed wires or bent fan blades)

Cosmetic Issues

(ex. paint scratches, ect...)

Basically Only Those Things That Are Not Related To Product Quality

Cardinal Ventilation 25-Year Parts Limited Warranty

We Know Quality Manufacturing

Cardinal Ventilation is so confident in the quality of our products that we offer an industry leading 25-Year Parts Warranty to our customers. And since our products are made right here in the USA from the best domestic and foreign materials we can source, you can be confident as well in knowing that your SolarPRO™ solar attic fan is built to last.

Terms & Conditions

We warrant our products to be free from defects in workmanship, parts, and materials for the lifetime of the product as applied to all residential applications and uses of our products. When used for multifamily, commercial, government, or military applications, our warranty is limited to 25 years from the original purchase date of the product. Attic Breeze specifically offers this warranty to the original registered owner of the product and warranty may not be transferred with ownership. Warranty coverage is inclusive of PARTS ONLY and Attic Breeze explicitly does not warrant any labor, shipping, or service fees incurred by purchaser for the replacement, repair, or exchange of any product or part(s) claimed under the terms and conditions of this warranty.

Attic Breeze Residential Lifetime Parts Limited Warranty & Commercial 25-Year Parts Limited Warranty

With all metal zincalume alloy construction, commercial-grade monocrystalline solar panels, and UltraFlo® design technology, Attic Breeze manufactures solar attic fans of exceptional quality, designed to stand the test of time. We manufacture our products right here in the USA from the best domestic and foreign materials we can source because American manufacturing matters when it comes to long lasting product performance. Unlike the “over-seas” made products you might find in a retail store, we never use plastic materials or discount parts because we believe in making a professional-grade product that is engineered to last, even if that means it may cost a little more to make. Offering solar powered ventilation products that are both third-party tested and windstorm certified, we stand behind our quality workmanship with an industry leading lifetime parts limited warranty for residential customers and 25-year parts limited warranty for our commercial customers.

Cardinal Ventilation by Attic Breeze 25-Year Parts Limited Warranty

We Know Quality Manufacturing

Cardinal Ventilation by Attic Breeze is so confident in the quality of our products that we offer an industry leading 25-Year Limited Parts Warranty to our residential and commercial customers. And since our products are made right here in the USA from the best domestic and foreign materials we can source, you can be confident as well in knowing that your SolarPRO™ solar attic fan is built to last.

Terms & Conditions of Limited Warranties

Attic Breeze Products: Subject to these terms and conditions, we provide a limited warranty for our Attic Breeze solar powered ventilation products to be free from defects in parts. For all residential applications and uses of our Attic Breeze solar powered ventilation products, the limited warranty is for the lifetime of the product, and when such products are used for multifamily, commercial, government, or military applications, for 25 years from the original purchase date of the product. 

Cardinal Ventilation Products: Subject to these terms and conditions, we provide a 25-year limited warranty for our Cardinal Ventilation solar powered ventilation products to be free from defects in parts. For all residential, multifamily, commercial, government, or military applications and uses of our Cardinal Ventilation solar powered ventilation products, the limited warranty is for 25 years from the original purchase date of the product.

Attic Breeze specifically offers these limited warranties to the original registered owner of the product and a warranty may not be transferred, even if ownership of the product is transferred. 

YOU MUST REGISTER YOUR PRODUCT WITHIN 90 DAYS OF INSTALLATION TO RECEIVE THE APPLICABLE LIMITED WARRANTY. To register your product, visit https://atticbreeze.com/warranty-registration/

Warranty coverage is inclusive of PARTS ONLY and Attic Breeze explicitly does not warrant any labor, shipping, service fees, or applicable taxes incurred by purchaser for the replacement, repair, or exchange of any product or part(s) claimed under the terms and conditions of these limited warranties. These limited warranties does not apply to passive vents, controllers, or other products other than our Attic Breeze or Cardinal Ventilation solar powered ventilation products. 

Review The Additional Terms And Conditions Of Our Limited Warranty Coverage

THESE LIMITED WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

OUR RESPONSIBILITY FOR DEFECTIVE PARTS IS LIMITED TO REPAIR OR REPLACEMENT AS DESCRIBED BELOW IN THESE TERMS AND CONDITIONS.

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. 

What are the Limited Warranties and What Do They Cover? 

Attic Breeze, LLC (hereafter known as “Manufacturer”) offers a limited lifetime warranty with respect to Attic Breeze solar powered ventilation products to our Residential Customers and a twenty-five (25) year limited warranty to Commercial Customers.  Manufacturer offers a 25-year limited warranty with respect to Cardinal Ventilation solar powered ventilation products to our Residential Customers and Commercial Customers.

For Residential Customers, Manufacturer herein warrants its Attic Breeze solar powered ventilation product(s) to be free from Defects (as defined below) in parts for a term that shall remain in effect for as long as the original end-use Residential Customer owns the property where the product is originally installed.  Further, Manufacturer herein warrants its Cardinal Ventilation solar powered ventilation product(s) to be free from Defects in parts for a period of twenty-five (25) years from the date of original installation. 

For Commercial Customers, Manufacturer herein warrants its Attic Breeze and Cardinal Ventilation solar powered ventilation product(s) to be free from Defects in parts for a period of twenty-five (25) years from the date of original installation.  

Manufacturer’s warranties are a limited component (parts) warranty (motor, solar panel, and fan housing) and explicitly does not cover any labor, shipping, service expenses, or applicable taxes that may be incurred by the Customer in the event that a warranty claim is made. Further, the limited warranties do not apply to passive vents, controllers, or other products other than our solar powered ventilation products.

The following definitions apply in these terms and conditions:

  • The term “Defects” is defined as imperfections that impair the functionality of the product.
  • The term “Residential” is defined as single-family home or dwelling only.
  • The term “Commercial” is defined as businesses, multifamily homes, utilities, industrial, agricultural, government facilities, military and/or any applications other than those that are explicitly a single-family home or dwelling.
  • The term “Customer” is defined as original end-use purchaser who registered the product at the property where the product is originally installed.

How Do I Receive a Limited Warranty?

YOU MUST REGISTER YOUR PRODUCT WITHIN 90 DAYS OF INSTALLATION TO RECEIVE THE APPLICABLE LIMITED WARRANTY. To register your product, visit https://atticbreeze.com/warranty-registration/

Customer must register their product within ninety (90) days of installation of the product on their property to receive the applicable limited warranty.  It is the Customer’s responsibility to register the product using Manufacturer’s online warranty registration form within ninety (90) days of installation. IF CUSTOMER DOES NOT REGISTER THE PRODUCT WITHIN NINETY (90) DAYS OF INSTALLATION, THE LIMITED WARRANTY SHALL NOT APPLY. 

Each limited warranty is extended to the Customer only and only to that Customer whose name, address, and contact information appear on the original online warranty registration.  Warranty registration shall only be deemed valid when registered information provided for the Residential or Commercial Customer has been provided in full (including, without limitation, installation address, property owner information, product model, and installation date) as requested on Manufacturer’s online warranty registration form.

What Do the Limited Warranties Not Cover?

Manufacturer’s limited warranties are explicitly not extended to the sales agent, dealer, distributor, or installer of the product.  Each of Manufacturer’s limited warranties is extended to the Customer and is non-transferable, even if ownership of the product is transferred.  Each of Manufacturer’s limited warranties is only valid for the original registered location where the product was installed.  No other party or entity, including, without limitation, subsequent purchasers of the property where the product was originally installed, or subsequent owners of the product shall have or be entitled to assert any rights or benefits herein.

Each of Manufacturer’s limited warranties does not cover any damage due to: (a) transportation; (b) storage; (c) improper use, negligence, and neglect; (d) improper installation or installation environments with exposure to corrosive chemicals, ash, fumes, cement dust, copper or lead runoff, silver or nickel mining, carbon black, or treated lumber; (e) failure to follow the product instructions; (f) modifications or alterations; (g) unauthorized repair; (h) normal wear and tear, including scratching and fading or degradation of the product finish; or (i) external causes such as accidents, vandalism, abuse, or other actions or events beyond the reasonable control of Manufacturer or the installer, dealer, roofer, distributor, or individual, including windstorms, tornadoes, flooding, fire, exposure to extreme weather conditions, lightning strikes, or any other act of God. 

ANY MODIFICATIONS OR ALTERATIONS OF THE PRODUCT SHALL VOID THE LIMITED WARRANTY.

Each of Manufacturer’s limited warranties is subject to proper installation of the product in accordance with Manufacturer’s installation instructions.  Customer is responsible for any and all damages resulting from either the installation process or the installation of the product itself.  

The limited warranties do not apply to passive vents, controllers, or other products other than our solar powered ventilation products.

How Do I Make a Warranty Claim?

All warranty claims require issuance of a Return Authorization Number (RAN), which may be obtained from Manufacturer prior to returning any product or part.  Any product or part received by Manufacturer without a RAN will be discarded without liability to Manufacturer.  

To obtain a RAN make a warranty claim, Customer must call (877) 288-4234 or email Manufacturer’s customer support department at support@atticbreeze.com. You may also contact Manufacturer by mail to Attic Breeze, LLC, Attn: Customer Support, 1370 FM116, Gatesville, TX 76528.

Should any product or part under warranty claim be determined by Manufacturer to have Defects, said product or part shall be either repaired or replaced and returned to the Customer within a reasonable time free from determination of Defects.  IT SHALL BE AT THE SOLE DISCRETION OF MANUFACTURER TO EITHER REPAIR OR REPLACE A DEFECTIVE PART UNDER WARRANTY CLAIM.  

If Manufacturer provides a repaired or replacement product, the warranty period is not extended and will last only for the balance of the original product warranty period.  Any “new” part or product provided under claim of warranty by the Manufacturer to the Customer shall be considered as satisfying in full the Manufacturer’s obligation under the terms and conditions of the limited warranty as applied to said product or part. 

Limitation of Liability

THE REMEDIES DESCRIBED ABOVE ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND MANUFACTURER’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY. MANUFACTURER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

MANUFACTURER’S LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY CUSTOMER FOR THE DEFECTIVE PRODUCT.

EXCEPT AS SPECIFICALLY STATED IN THESE TERMS AND CONDITIONS AND TO THE GREATEST EXTENT ALLOWED BY LAW, PRODUCTS AND PARTS ARE SOLD “AS IS”, AND MANUFACTURER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  

IF APPLICABLE LAW DOES NOT PERMIT MANUFACTURER TO DISCLAIM IMPLIED WARRANTIES, THEN MANUFACTURER LIMITS THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE LIMITED WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS AND THE OBLIGATIONS AND LIABILITIES OF MANUFACTURER THEREUNDER REPRESENT CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND ARE EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER REMEDIES, GUARANTIES OR LIABILITIES, EXPRESS, IMPLIED OR CONSEQUENTIAL, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY CUSTOMER TO THE GREATEST EXTENT ALLOWED BY LAW.  

Modifications to These Terms and Conditions 

Manufacturer reserves the right to modify, alter, and/or improve any products or parts without notice to Customer and without incurring any duty or obligation to modify, alter, improve, and/or replace any of the products or parts covered within these terms and conditions.  Additionally, Manufacturer reserves the right to modify, alter, and/or change these terms and conditions or the availability of its limited warranties at its discretion and without notice to Customer, but any changes will not be retroactive.

Governing Law, Binding Arbitration, and Class Action Waiver

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its choice or conflicts of law rules, and the federal laws of the United States of America, as applicable.  

Any dispute arising by, through, or under the subject matter of these terms and conditions or Manufacturer’s limited warranties shall be finally settled by arbitration in a venue at the discretion of the Manufacturer, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS.  The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith.  

BY REGISTERING YOUR WARRANTY AND AGREEING TO BE BOUND BY THESE AND CONDITIONS, YOU AGREE YOU WILL NOT CONSOLIDATE YOUR CLAIMS AGAINST THE MANUFACTURER WITH ANY OTHER INDIVIDUAL, WILL NOT SEEK A CLASS ACTION TREATMENT FOR ANY CLAIMS YOU MAY HAVE AGAINST THE MANUFACTURER, AND YOU WILL NOT PARTICIPATE IN A CLASS ACTION AGAINST THE MANUFACTURER.  IF AT ANY TIME, YOU ARE MADE A MEMBER OF A CLASS IN ANY PROCEEDING AGAINST THE MANUFACTURER YOU WILL “OPT OUT” AT THE FIRST OPPORTUNITY, AND SHOULD ANY THIRD PARTY PURSUE ANY CLAIMS ON YOUR BEHALF, YOU MUST WAIVE YOUR RIGHT TO MONETARY RECOVERY.

Miscellaneous

These terms and conditions constitute the sole and entire agreement between you and the Manufacturer regarding Manufacturer’s limited warranties and Manufacturer’s warranty obligations and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Manufacturer’s limited warranties and Manufacturer’s warranty obligations.

No waiver by Manufacturer of any provision set out in these terms and conditions shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure of the terms and conditions to assert a right or provision under these terms and conditions shall not constitute a waiver of such right or provision.

If any provision of these terms and conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the terms and conditions will continue in full force and effect.

Breeze Mate Control Systems 2-Year Parts Limited Warranty Terms & Conditions

Subject to these terms and conditions, we provide a 2-year limited warranty for our Breeze Mate control systems to be free from defects in parts. For all residential, multifamily, commercial, government, or military applications and uses of our Breeze Mate control systems, the limited warranty is for 2 years from the original purchase date of the product.

Attic Breeze specifically offers this limited warranty to the original registered owner of the product and a warranty may not be transferred, even if ownership of the product is transferred. 

YOU MUST REGISTER YOUR PRODUCT WITHIN 90 DAYS OF INSTALLATION TO RECEIVE THE LIMITED WARRANTY. To register your product, visit https://atticbreeze.com/warranty-registration/.

Warranty coverage is inclusive of PARTS ONLY and Attic Breeze explicitly does not warrant any labor, shipping, service fees, or applicable taxes incurred by purchaser for the replacement, repair, or exchange of any product or part(s) claimed under the terms and conditions of this limited warranty. This limited warranty does not apply to products other than our Breeze Mate control systems. 

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

OUR RESPONSIBILITY FOR DEFECTIVE PARTS IS LIMITED TO REPAIR OR REPLACEMENT AS DESCRIBED BELOW IN THESE TERMS AND CONDITIONS.

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. 

What is the Limited Warranty and What Does it Cover? 

Attic Breeze, LLC (hereafter known as “Manufacturer”) offers a two (2) year parts limited warranty to its Customers with respect to its Breeze Mate control systems.  

Manufacturer herein warrants its Breeze Mate control systems to be free from Defects in parts for a period of two (2) years from the date of original installation. 

Manufacturer’s warranty is a limited component (parts) warranty and explicitly does not cover any labor, shipping, service expenses, or applicable taxes that may be incurred by the Customer in the event that a warranty claim is made. Further, this limited warranty does not apply to products other than our Breeze Mate control systems.

The following definitions apply in these terms and conditions:

  • The term “Defects” is defined as imperfections that impair the functionality of the product.
  • The term “Customer” is defined as original end-use purchaser who registered the product at the property where the product is originally installed.

How Do I Receive a Limited Warranty?

YOU MUST REGISTER YOUR PRODUCT WITHIN 90 DAYS OF INSTALLATION TO RECEIVE THE LIMITED WARRANTY. To register your product, visit https://atticbreeze.com/warranty-registration/.

Customer must register their product within ninety (90) days of installation of the product on their property to receive the limited warranty.  It is the Customer’s responsibility to register the product using Manufacturer’s online warranty registration form within ninety (90) days of installation. IF CUSTOMER DOES NOT REGISTER THE PRODUCT WITHIN NINETY (90) DAYS OF INSTALLATION, THE LIMITED WARRANTY SHALL NOT APPLY. 

The limited warranty is extended to the Customer only and only to that Customer whose name, address, and contact information appear on the original online warranty registration.  Warranty registration shall only be deemed valid when registered information provided for the Customer has been provided in full (including, without limitation, installation address, property owner information, product model, and installation date) as requested on Manufacturer’s online warranty registration form.

What Does the Limited Warranty Not Cover?

Manufacturer’s limited warranty is explicitly not extended to the sales agent, dealer, distributor, or installer of the product.  Manufacturer’s limited warranty is extended to the Customer and is non-transferable, even if ownership of the product is transferred.  Manufacturer’s limited warranty is only valid for the original registered location where the product was installed.  No other party or entity, including, without limitation, subsequent purchasers of the property where the product was originally installed, or subsequent owners of the product shall have or be entitled to assert any rights or benefits herein.

Manufacturer’s limited warranty does not cover any damage due to: (a) transportation; (b) storage; (c) improper use, negligence, and neglect; (d) improper installation or installation environments with exposure to corrosive chemicals, ash, fumes, cement dust, copper or lead runoff, silver or nickel mining, carbon black, or treated lumber; (e) failure to follow the product instructions; (f) modifications or alterations; (g) unauthorized repair; (h) normal wear and tear, including scratching and fading or degradation of the product finish; or (i) external causes such as accidents, vandalism, abuse, or other actions or events beyond the reasonable control of Manufacturer or the installer, dealer, roofer, distributor, or individual, including windstorms, tornadoes, flooding, fire, exposure to extreme weather conditions, lightning strikes, or any other act of God. 

ANY MODIFICATIONS OR ALTERATIONS OF THE PRODUCT SHALL VOID THE LIMITED WARRANTY.

Manufacturer’s limited warranty is subject to proper installation of the product in accordance with Manufacturer’s installation instructions.  Customer is responsible for any and all damages resulting from either the installation process or the installation of the product itself.  

The limited warranty does not apply to products other than our Breeze Mate control systems.

How Do I Make a Warranty Claim?

All warranty claims require issuance of a Return Authorization Number (RAN), which may be obtained from Manufacturer prior to returning any product or part.  Any product or part received by Manufacturer without a RAN will be discarded without liability to Manufacturer.  

To obtain a RAN make a warranty claim, Customer must call (877) 288-4234 or email Manufacturer’s customer support department at support@atticbreeze.com. You may also contact Manufacturer by mail to Attic Breeze, LLC, Attn: Customer Support, 1370 FM116, Gatesville, TX 76528.

Should any product or part under warranty claim be determined by Manufacturer to have Defects, said product or part shall be either repaired or replaced and returned to the Customer within a reasonable time free from determination of Defects.  IT SHALL BE AT THE SOLE DISCRETION OF MANUFACTURER TO EITHER REPAIR OR REPLACE A DEFECTIVE PART UNDER WARRANTY CLAIM.  

If Manufacturer provides a repaired or replacement product, the warranty period is not extended and will last only for the balance of the original product warranty period.  Any “new” part or product provided under claim of warranty by the Manufacturer to the Customer shall be considered as satisfying in full the Manufacturer’s obligation under the terms and conditions of the limited warranty as applied to said product or part. 

Limitation of Liability

THE REMEDIES DESCRIBED ABOVE ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND MANUFACTURER’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY. MANUFACTURER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

MANUFACTURER’S LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY CUSTOMER FOR THE DEFECTIVE PRODUCT.

EXCEPT AS SPECIFICALLY STATED IN THESE TERMS AND CONDITIONS AND TO THE GREATEST EXTENT ALLOWED BY LAW, PRODUCTS AND PARTS ARE SOLD “AS IS”, AND MANUFACTURER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  

IF APPLICABLE LAW DOES NOT PERMIT MANUFACTURER TO DISCLAIM IMPLIED WARRANTIES, THEN MANUFACTURER LIMITS THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE LIMITED WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS AND THE OBLIGATIONS AND LIABILITIES OF MANUFACTURER THEREUNDER REPRESENT CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND ARE EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER REMEDIES, GUARANTIES OR LIABILITIES, EXPRESS, IMPLIED OR CONSEQUENTIAL, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY CUSTOMER TO THE GREATEST EXTENT ALLOWED BY LAW.  

Modifications to These Terms and Conditions 

Manufacturer reserves the right to modify, alter, and/or improve any products or parts without notice to Customer and without incurring any duty or obligation to modify, alter, improve, and/or replace any of the products or parts covered within these terms and conditions.  Additionally, Manufacturer reserves the right to modify, alter, and/or change these terms and conditions or the availability of its limited warranty at its discretion and without notice to Customer, but any changes will not be retroactive.

Governing Law, Binding Arbitration, and Class Action Waiver

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its choice or conflicts of law rules, and the federal laws of the United States of America, as applicable.  

Any dispute arising by, through, or under the subject matter of these terms and conditions or Manufacturer’s limited warranty shall be finally settled by arbitration in a venue at the discretion of the Manufacturer, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS.  The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith.  

BY REGISTERING YOUR WARRANTY AND AGREEING TO BE BOUND BY THESE AND CONDITIONS, YOU AGREE YOU WILL NOT CONSOLIDATE YOUR CLAIMS AGAINST THE MANUFACTURER WITH ANY OTHER INDIVIDUAL, WILL NOT SEEK A CLASS ACTION TREATMENT FOR ANY CLAIMS YOU MAY HAVE AGAINST THE MANUFACTURER, AND YOU WILL NOT PARTICIPATE IN A CLASS ACTION AGAINST THE MANUFACTURER.  IF AT ANY TIME, YOU ARE MADE A MEMBER OF A CLASS IN ANY PROCEEDING AGAINST THE MANUFACTURER YOU WILL “OPT OUT” AT THE FIRST OPPORTUNITY, AND SHOULD ANY THIRD PARTY PURSUE ANY CLAIMS ON YOUR BEHALF, YOU MUST WAIVE YOUR RIGHT TO MONETARY RECOVERY.

Miscellaneous

These terms and conditions constitute the sole and entire agreement between you and the Manufacturer regarding Manufacturer’s limited warranty and Manufacturer’s warranty obligations and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Manufacturer’s limited warranty and Manufacturer’s warranty obligations.

No waiver by Manufacturer of any provision set out in these terms and conditions shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure of the terms and conditions to assert a right or provision under these terms and conditions shall not constitute a waiver of such right or provision.

If any provision of these terms and conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the terms and conditions will continue in full force and effect.