Terms of Sale

TERMS OF SALE—KUHNSOUTDOORS LLC  dba ReelBacker

 

CONTROLLING TERMS: These Terms of Sale (“Terms”) contain the sole and exclusive terms of sale and warranty of all products (each, a “Product”) by KuhnsOutdoors LLC (“Company”) to the party that purchases the Product from Company (the “Customer”).  By purchasing a product from Company, Customer agrees to these terms and limitations of warranty.  Any prior proposals, negotiations, and representations, oral or written, with respect to the products are merged into this Agreement.  No terms or conditions of purchase offered by Customer (including without limitation any purchase order terms or terms attached to payments) shall be binding upon Company and any such terms and conditions are rejected by Company.

 

Limited Product Warranty. Company hereby warrants to CUSTOMER (“Limited Warranty”) that the Product will be free from defects in workmanship and materials when used as intended by Company for a period (“Limited Warranty Period”) of one (1) calendar year FOLLOWING the date that Customer purchaseS the Product FROM COMPANY.  CUSTOMER’S SOLE AND EXCLUSIVE REMEDY UNDER THE LIMITED WARRANTY IS, IN COMPANY’S ELECTION, REPAIR OF THE PRODUCT BY COMPANY OR REPLAEMENT OF THE PRODUCT BY COMPANY WITH A CURRENT PRODUCT OF COMPANY THAT IS MOST SIMILAR TO THE DEFECTIVE PRODUCT.  ThE Limited Warranty does not apply to normal wear and tear AND does not cover repair or replacement if the Product is damaged by tampering, misuse, accident, abuse, neglect, improper installation, misapplication, alteration of any kind, disaster, or repairs or modifications.  The preceding Limited Warranty is Customer’s sole and exclusive warranty for REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT.  COMPANY SHALL NOT BE LIABLE to company FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS, AND CUSTOMER EXPRESSLY WAIVES, ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTY ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE.  THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW SHALL BE LIMITED TO THE DURATION OF THE FOREGOING limited WARRANTY PERIOD.  CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES SHALL COMPANY’S MAXIMUM LIABILITY REGARDING THE SALE OF THE PRODUCT TO CUSTOMER OR CUSTOMER’S USE (or misuse) OF THE PRODUCT EXCEED THE PRICE OF THE PRODUCT ACTUALLY PAID BY CUSTOMER.  CUSTOMER MAY BE RESPONSIBLE FOR REASONABLE SHIPPING AND HANDLING CHARGES FOR COMPANY’S PROCESSING OF A WARRANTY CLAIM.  Some states do not allow exclusions of incidental or consequential damages or limitations of the duration implied warranties, so the above exclusion and limitation may not apply to Customer. This Limited Warranty gives you specific legal rights and Customer may have other rights which vary from state to state.

 

INTELLECTUAL PROPERTY:  Customer acknowledges that Company retains ownership of all intellectual property, of any nature (including trademark and service mark rights, copyrights, and patent rights) contained in the Product or the marketing, sale, manufacture, or distribution of the Product.  Company grants Customer a limited, non-exclusive license, to use the Product for the limited purpose intended.  Customer shall have no rights to copy, republish, reproduce, transfer, reverse engineer, or alter the Product.  This paragraph is not intended to limit any other intellectual property rights or actions against Customer that Company may hold.

 

GOVERNING LAW: These Terms shall be governed by the laws of the State of Michigan, without regard to conflict of law principles, and the federal Magnuson-Moss Warranty Act, if applicable.