INNOVATIVE TOPS, LLC’S LIMITED WARRANTY

AND DISCLAIMER OF WARRANTIES AND LIABILITY

Innovative Tops, LLC  (hereinafter “IT” or the “Company”) warrants and represents that: (1) the supplier/buyer/consumer shall obtain good title to the products sold/produced by Innovative Tops, LLC (hereinafter the “Product” or “Products”) (2) all such products shall conform to IT’s specifications, and (3) the products are free of defects in material and workmanship provided that: (a) IT has been notified of such defects, in writing, within one (1) year of the purchase date and been given the opportunity to inspect any alleged defective products, (b) the product has not been subject to modification, abuse, misuse, mishandling, misapplication, neglect, accident, improper installation, alteration and/or modification, disassembly or unauthorized repair or adjustment, and (c) such defect has not been caused by corrosion, acts of God, weather, or ordinary wear and tear.

This limited warranty does not cover damage resulting from, caused in any way by, or arising out of any non-IT Product(s) and the normal wear and tear of parts resulting from any of the following: negligence use or misuse of the product, damage caused by use of improper voltage or current, and/or use or installation contrary to any instructions provided by IT.

THE COMPANY PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, FOR ANY DAMAGE CAUSED IN WHOLE OR IN PART BY ANY PRODUCT OR ITEM THAT IS NOT A COMPANY PRODUCT.

The liability of IT for any breach of the foregoing warranty shall not extend to dismantling, installing or reinstalling, or digging up, but shall be limited repairing or replacing the Product, at IT’s exclusive option, within a reasonable time after receipt of written notice from supplier/buyer/consumer, within the time period set forth herein.

This limited warranty shall terminate immediately when the Products are altered without IT’s prior written consent. This limited warranty is non-transferable and shall not be assignable unless approved by IT in writing and any assignee agrees, in writing, to accept the terms and conditions of this limited warranty.

This limited warranty is limited to the written terms contained herein and shall not be amended or altered in any way. Neither IT, its agents, distributors, manufacturers, suppliers, representatives, contractors, licensed partners, agents, or associates may change, modify, replace, or extend this limited warranty in any way. IT does not authorize any person or entity to change, modify, replace, or extend this limited warranty in any way.  

SUPPLIER/BUYER/CONSUMER HEREBY EXPRESSLY AGREE THAT THE SUPPLIER’S/BUYER’S/CONSUMER’S SOLE AND EXCLUSIVE REMEDY AGAINST THE COMPANY SHALL BE FOR THE REPAIR OR REPLACEMENT (AT THE COMPANY’S EXCLUSIVE OPTION) OF NON-CONFORMING PRODUCT AS PROVIDED HEREIN. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE IMPLIED WARRANTY OF MERCHANTABILITY, AND THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND OR FOR LOST PROFITS (WHETHER REAL ANTICIPATORY, OR OTHERWISE), LOST GOODWILL, DOWNTIME COSTS, LOSS OF CAPITAL OR BUSINESS OPPORTUNITY CREATION OF CUSTOMERS, DAMAGE TO REPUTATION, ADVERTISING, SALES, OR EMPLOYEE COSTS. THE PRODUCTS ARE SOLD “AS IS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS IS WITH THE BUYER/CONSUMER/SUPPLIER.

THE COMPANY WILL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE BREACH OF THE WRITTEN WARRANTY OR ANY IMPLIED WARRANTY IMPOSED BY LAW. SUPPLIER’S/BUYER’S/CONSUMER’S EXCLUSIVE REMEDY FOR A BREACH OF WARRANTY SHALL BE THE REASONABLE REPAIR EFFORTS BY THE COMPANY TO REPAIR THE PRODUCT OR REPLACEMENT OF THE PRODUCT, AT THE COMPANY’S SOLE DISCRETION. THIS LIMITED WARRANTY SHALL NOT BE DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE SO LONG AS THE COMPANY REMAINS WILLING AND ABLE TO REPAIR OR REPLACE THE NON-CONFORMING PRODUCT AS PRESCRIBED HEREIN.

NOTE: Should Product be considered a consumer product as may be covered by the Magnusson Moss Federal Warranty Act, please be advised that: (1) some states do not allow limitations on incidental consequential damages or how long an implied warranty lasts so that the above limitations may not fully apply; (2) this warranty gives specific legal rights, and a buyer may also have other rights which may vary from state to state.

Neither IT, its agents, distributors, manufacturers, suppliers, representatives, licensed partners, or associates are entitled or authorized to make any other warranty of any kind, express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose.

Failure to give IT notice of any claim within one (1) year after the purchase date of the Product, for any reason, regardless of any applicable statute of limitations or repose, shall forever bar any claim against IT. All the foregoing limitations shall apply irrespective of whether supplier’s/buyer’s/consumer’s claim is based upon breach of contract, breach of warranty, negligence, strict liability, or any other legal theory.

Any dispute arising out of this limited warranty or the Products shall be venued exclusively in the state court located in the County of Ottertail, State of Minnesota and supplier/buyer/consumer hereby irrevocably consents to the personal jurisdiction thereof. Supplier/buyer/consumer irrevocably and unconditionally waives and agrees, to the fullest extent permitted by law, not to plead or claim any objection that it may now or hereafter have to the venue or the convenience of the forum of any claim or action with respect to this limited warranty or the Products.

SUPPLIER/BUYER/CONSUMER HEREBY KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHTS IT HAS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS LIMITED WARRANTY OR THE PRODUCTS.

LIMITATION OF LIABILITY

IT’s maximum liability for any damages resulting from, arising out of, or caused in any way by the products, whether in contract, tort, or otherwise, is limited to the purchase price of the product. IT is not responsible for any modification, addition, or alteration to the product by others.