Warranty Terms

5 years

LIMITED WARRANTY. THE SPUD KINGS LLC WARRANTS THAT THE PRODUCTS IT MANUFACTURES (THE “PRODUCTS”) PURCHASED BY YOU (THE “PURCHASER”) SHALL BE FREE FROM DEFECTS IN MATERIALS AND WILL FUNCTION SUBSTANTIALLY IN ACCORDANCE WITH THE NORMAL AND CUSTOMARY USE OF THE PRODUCTS (AS SUCH PRODUCTS ARE INTENDED BY THE SPUD KINGS TO BE USED AND IN GENERAL ARE INTENDED TO BE USED BY THE SPUD KINGS CUSTOMERS), WHEN USED IN ACCORDANCE WITH THE PRODUCTS ORDINARY AND CUSTOMARY USE AND IN COMPLIANCE WITH ALL INSTRUCTIONS PROVIDED TO THE PURCHASER, FROM THE DATE OF PURCHASE OF THE PRODUCTS, FOR THE PERIOD SPECIFIED ON THE SPUD KINGS INVOICE, SUBJECT TO ALL OF THE TERMS AND CONDITIONS OF THIS LIMITED WARRANTY (THE “LIMITED WARRANTY”). PRODUCTS DO NOT INCLUDE EXPENDABLE PARTS WHICH ARE ANY PARTS THAT ARE NOT SPECIFICALLY INVOICED. THIS IS THE ENTIRE AND SOLE WARRANTY AND CANNOT BE MODIFIED OR CHANGED IN SCOPE BY ANY ORAL OR WRITTEN STATEMENTS, INFORMATION OR ADVICE GIVEN BY THE SPUD KINGS, OR ANY OF THE SPUD KINGS AGENTS, EMPLOYEES OR OTHERS, AND THE PURCHASER MAY NOT RELY ON ANY SUCH STATEMENTS, INFORMATION OR ADVICE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SPUD KINGS MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. THE WARRANTIES PROVIDED HEREIN APPLY ONLY TO THOSE PRODUCTS WHICH ARE MANUFACTURED BY THE SPUD KINGS. THE SPUD KINGS DOES NOT WARRANT ANY THIRD PARTY PRODUCTS OR SUPPORT EVEN IF INCLUDED WITH OTHER THE SPUD KINGS PRODUCTS. THE SPUD KINGS PROVIDES ALL SUCH THIRD PARTY PRODUCTS AND SUPPORT AS IS. OTHER ORIGINAL MANUFACTURERS AND/OR SUPPLIERS MAY PROVIDE THEIR OWN WARRANTIES AS SPECIFIED IN THE DOCUMENTATION ACCOMPANYING SUCH PRODUCTS AND SUPPORTS. PURCHASER SHALL RELY UPON SUCH OTHER MANUFACTURERS’ AND/OR SUPPLIERS’ APPLICABLE WARRANTIES.

  1. REPAIR/REPLACEMENT SOLE REMEDY. If the Products fail to comply with the Limited Warranty set forth above, the sole and exclusive remedy of the Purchaser shall be the repair of the defective Products. Repairs or replacements may be performed using factory-refinished parts or Products. Any parts or Products exchanged by THE SPUD KINGS in repairing or replacing any parts or Products shall become the sole property of THE SPUD KINGS. In the event that THE SPUD KINGS is unable to repair the Products, THE SPUD KINGS will replace the defective Products with the same or comparable products. Defective Products must obtain an RMA and then be returned by the Purchaser, at their cost, to THE SPUD KINGS for repair or replacement. This Limited Warranty does not provide repair services or any other services at the Purchaser’s place of business or any other place other than at THE SPUD KINGS facilities. Purchaser must include the following items when delivering defective Products to THE SPUD KINGS for repair or replacement: (a) a copy of the Purchaser’s receipt or other proof of purchase; and (b) a written description of the problem or defect. In the event that THE SPUD KINGS determines that the Product has a defect that is covered by this Limited Warranty, THE SPUD KINGS will ship the repaired Product or replacement Product to the Purchaser at THE SPUD KINGS cost and expense; however, Purchaser shall be solely responsible for any and all costs of shipment other than freight, including tariffs and duties.
  2. WARRANTY LIMITATIONS.

This Limited Warranty does not cover:

  1. Any Product that has been damaged or rendered defective as a result of:
    1. the use of the Product other than for its usual and customary use;
    2. the failure of the Purchaser or other user to use the Product in accordance with the component user manual(s) and any other written directions or instructions provided with the Product at the time of sale or subsequently;
    3. the use of parts or accessories purchased other than directly from THE SPUD KINGS;
    4. a modification or repair of the Product by the Purchaser or any other party other than THE SPUD KINGS;
    5. services performed by any party other than THE SPUD KINGS;
    6. improper transportation or packaging in the shipment of the Product to THE SPUD KINGS or its repair facility;
  2. LIMITATION OF LIABILITY. THE SPUD KINGS WILL NOT BE LIABLE UNDER ANY THEORY OF LIABILITY, HOWEVER ARISING, FOR ANY COSTS OF COVER OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, INTERRUPTION OF BUSINESS, PERSONAL INJURY, LOSS OF PROFITS, LOSS OF FILES, RECORDS OR INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE, INSTALLATION OR INABILITY TO USE THE PRODUCTS, EVEN IF THE SPUD KINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  3. Under no circumstance shall a Product be returned without an RMA.  Failure to obtain an RMA will result in refusal of shipment.