The EL SmokeStation (“EL SMOKESTATION Products”) sold by 4TwentyDecor, LLC., or any of its or their officers, directors, shareholders, agents, employees, representatives, or affiliates (collectively the “Seller”) are covered under normal use and service by a warranty to the original purchaser (the “Buyer”) only covering defects in materials and/or workmanship for a period of one (1) year from the date of original purchase. In the event the EL SMOKESTATION Product is proven to Seller’s satisfaction during this period to be defective in materials or workmanship, the defective EL SmokeStation Product shall be repaired or replaced with a new or refurbished product of the same specifications as the original, at Seller’s option. Such repair or replacement of any defective EL SmokeStation Product shall constitute a fulfillment of all liabilities, and shall be Buyer’s exclusive remedy, with respect to such EL SmokeStation Product. Under no circumstances will credit be allowed for unauthorized work on any EL SmokeStation Product.
To exercise its exclusive remedy provided under this section, Buyer must promptly notify Seller in writing of any claimed EL SmokeStation Product defect within seven (7) days of the appearance thereof. If Seller repairs or replaces any EL SmokeStation Product for which a claim has been made, Seller will ship such replacement or repaired EL SmokeStation Product to Buyer within fourteen (14) days after receiving the allegedly defective EL SmokeStation Product. Any EL SmokeStation Product replaced hereunder shall become the sole and exclusive property of Seller. Unless otherwise specified, Seller shall bear the cost and risk of transport of replacement or repaired EL SmokeStation Products provided by Seller. Seller, in its sole discretion, may hire, contract, or sub-contract with third parties to provide some or all warranty repair work and related services.
This warranty is void and does not apply to any EL SmokeStation Product that has been altered, misused, abused, neglected, or damaged in any way through causes unconnected with its manufacture, including but not limited to failure of a EL SmokeStation Product resulting from (i) occurrences during shipment of the EL SmokeStation Product from or to Seller, (ii) use or operation of the EL SmokeStation Product in an application or environment other than that intended or recommended by Seller, (iii) modifications not made or authorized by Seller, or (iv) the EL SmokeStation Product being subjected to unusual physical or electrical stress. For additional information about the warranty, or to make a warranty claim, contact Info@4TwentyDecor.com at our website: 4TwentyDecor.com.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THERE IS NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ON ANY EL SMOKESTATION PRODUCT. BUYER’S SOLE REMEDY FOR ANY DEFECTIVE EL SMOKESTATION PRODUCT IS STRICTLY LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE EL SMOKESTATION PRODUCT, IN ACCORDANCE WITH THE MANUFACTURER’S WARRANTY SET FORTH HEREIN.
EL SMOKESTATION PRODUCTS MUST BE USED IN ACCORDANCE WITH ALL APPLICABLE FEDERAL AND STATE LAWS AND REGULATIONS.
EL SMOKESTATION PRODUCTS ARE NOT INTENDED FOR THE STORAGE OF ILLEGAL, UNSAFE, OR INHERENTLY DANGEROUS DEVICES OR MATERIALS, INCLUDING BUT NOT LIMITED TO FIREARMS, OR EXPLOSIVES. BUYER SHALL BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL FEDERAL AND STATE LAWS AND REGULATIONS CONCERNING THE ACQUISITION, STORAGE, DISTRIBUTION, CONTROL, AND/OR RECORDKEEPING OF ANY SUPPLIES OR MATERIALS THAT BUYER ELECTS TO STORE IN ANY EL SMOKESTATION PRODUCTS AND FOR PROPER USE OF SUCH EL SMOKESTATION PRODUCTS IN ACCORDANCE WITH ANY APPLICABLE INSTRUCTIONS.
EL SMOKESTATION PRODUCTS ARE NOT MEDICAL DEVICES, AND ARE NOT INTENDED FOR STORAGE OF EMERGENCY MEDICATIONS, OR OF MEDICAL DEVICES SUCH AS EPINEPHRINE PENS, ASTHMA INHALERS, OR ANY OTHER MEDICINES, DEVICES, OR DIAGNOSTIC TOOLS INTENDED FOR USE IN EMERGENCY SITUATIONS. SELLER DOES NOT PROVIDE, AND UNDER NO CIRCUMSTANCES SHALL BE RESPONSIBLE OR LIABLE FOR, ANY (I) EMERGENCY MEDICAL OR OTHER FIRST RESPONDER SERVICES, (II) DIRECT MEDICAL CARE, (III) MEDICAL ADVICE, OR (IV) MEDICATIONS, DRUGS, NARCOTICS, OR OTHER MEDICINES OR SUPPLIES STORED IN ANY EL SMOKESTATION PRODUCTS. ONLY PHYSICIANS, PHARMACISTS, OR OTHER LICENSED AND AUTHORIZED LEARNED INTERMEDIARIES MAY PRESCRIBE OR PROVIDE SUCH MEDICATIONS, DRUGS, NARCOTICS, OR OTHER MEDICINES OR SUPPLIES AND THE DIRECTIONS RELATED THERETO. SELLER PROVIDES NO WARRANTY AND MAKES NO REPRESENTATION OF ANY KIND WITH RESPECT TO ANY SUCH THIRD PARTY SERVICES OR MATERIALS, INCLUDING BUT NOT LIMITED TO ANY DIRECT OR INDIRECT CONSEQUENCES OF ANY FAILURE TO USE OR ADMINISTER ANY MEDICATIONS, DRUGS, NARCOTICS, OR OTHER MEDICINES OR SUPPLIES STORED IN EL SMOKESTATION PRODUCTS, WHETHER OR NOT RELATED TO ANY MALFUNCTION OF ANY EL SMOKESTATION PRODUCTS.
ANY TECHNICAL ADVICE FURNISHED BY SELLER WITH REFERENCE TO THE USE OF THE EL SMOKESTATION PRODUCTS IS GIVEN GRATIS AND IS ACCEPTED BY BUYER ONLY AT BUYER’S OWN RISK. SELLER ASSUMES NO OBLIGATION OR LIABILITY FOR ANY OF THE ADVICE GIVEN OR RESULTS OBTAINED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ASSUMES ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF ANY EL SMOKESTATION PRODUCTS, WHETHER ALONE OR IN COMBINATION WITH OTHER ARTICLES OR MATERIALS, OR IN THE PRACTICE OF ANY PROCESS, WHETHER IN TERMS OF OPERATING COST, GENERAL EFFECTIVENESS, OR SUCCESS OR FAILURE, REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY SELLER WITH RESPECT TO THE USE OF SUCH EL SMOKESTATION PRODUCTS BY WAY OF TECHNICAL ADVICE OR OTHERWISE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
SUBJECT TO AND WITHOUT MITIGATION OF ANY OTHER PROVISION HEREIN, EXCEPT IN THE EVENT OF SELLER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SELLER SHALL NOT BE LIABLE TO ANY PERSON FOR (I) INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST OR DIMINISHED PRODUCTION, BUSINESS INTERRUPTION, OR CLAIMS OF CUSTOMERS OR OTHER THIRD PARTIES, WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, OR OTHERWISE, OR (II) ANY PERSONAL INJURY, PROPERTY DAMAGE, OR CIVIL OR CRIMINAL FINES OR OTHER PENALTIES ARISING DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE OR USE BY BUYER OF THE EL SMOKESTATION PRODUCT.
To the fullest extent allowed by applicable law, Buyer shall defend, indemnify and hold harmless Seller from any and all losses, damages, costs, or expenses of any kind (including reasonable attorneys’ fees, court costs, and other costs arising from fines, civil penalties, personal injury to, or damage to the property of third parties) arising directly or indirectly out of or otherwise related to Buyer’s purchase or use of the EL SmokeStation Product or Buyer’s recklessness, willful misconduct, or violation of law.