HEPHAESTUS BBQ WARRANTY
ONE-YEAR LIMITED WARRANTY
The following Limited Warranty is hereby granted to the purchaser and end-user (“Customer”) of the Patio-Pro All-in-One Barbecue System (the “Product”), by Hephaestus BBQ, Inc., an Oregon corporation (“Company”). The Product includes only the Patio-Pro, and specifically excludes any and all Patio-Pro accessories sold by the Company. Customer’s acceptance of the Product shall be deemed to be acceptance of the terms of this Limited Warranty. No person is authorized to change or otherwise modify the Limited Warranty set forth herein or to assume any other liability on behalf of Company.
The Company hereby warrants that (a) upon Customer’s acceptance of the Product, and during the one year period following such acceptance (“Warranty Period”), the Product will be free from material defects in material, workmanship, and design, and (b) upon acceptance, and during the Warranty Period, the Product will operate without material errors and will conform to the written specifications delivered to Customer prior to or concurrently with this Limited Warranty. For purposes of this Limited Warranty, a “material defect” means a defect that substantially prevents the Product from operating or functioning as designed or according to its specifications. The term "material defect" does not include a defect that has an insignificant or de minimis effect on the operation or functioning of Product, including but not limited to tool marks, minor scratches, weld burns and splatter.
If, during the Warranty Period, the Product breaches the above-described Limited Warranty, then Customer shall provide Company with a written notice of such defect, a copy of the warranty registration for the Product, and proof of purchase from an authorized dealer within thirty (30) days of the date that Customer first became aware of such defect. At Customer’s sole cost, and subject to prior approval of the Company, Customer shall then immediately deliver any such defective Product or component thereof to Company.
In a reasonable period of time thereafter, the Company will provide a replacement part for any part of the Product found by the Company to be defective. Customer shall be solely responsible for any installation of the replacement part or re-assembly of the Product. Defective Products approved for return by the Company must be returned prepaid by Customer. Customer must inspect the Product on purchase for any defects and immediately contact the retailer regarding any apparent damage for which the retailer may be responsible.
THE LIMITED WARRANTY CONTAINED HEREIN IS THE SOLE WARRANTY OF CUSTOMER WITH RESPECT TO THE PRODUCT AND IS MADE EXPRESSLY IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES. COMPANY SHALL NOT BE LIABLE TO CUSTOMER FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGE OR DEFECT RELATED TO THE PRODUCT. IN NO EVENT SHALL THE COMPANY’S OBLIGATION TO CUSTOMER EXCEED THE PURCHASE PRICE OF THE PRODUCT.
This Limited warranty shall be void if (i) the Product is not operated in accordance with the User Manual provided with the Product, (ii) the Product is used for any purpose other than those expressly described in such User Manual, (iii) the Product is exposed to unreasonable or extreme weather conditions, (iv) the Product is transferred to another owner, (v) components or accessories, other than those sold by the Company for use with the Product have been used with or installed in the Product, (vi) the Product has been subjected to accident or unapproved alteration, misuse or abuse, (vii) Customer has failed to provide normal maintenance or proper care to the Product, or (viii) the Product has been improperly assembled by any party other than the Company. This Limited Warranty does not include labor charges connected with the determination of defective parts, or freight charges to ship replacement parts.
This Limited Warranty gives Customer specific legal rights. Customer may have other rights, which may vary from state to state.
This Limited Warranty shall be governed by and construed in accordance with the laws of the United States of America only, and in particular the State of Oregon, without regard to conflict-of-law principles. In any action or proceeding seeking to enforce any provision(s) of, or based on any right(s) arising out of, or related to or concerning this Limited Warranty, the parties hereto consent to the exclusive jurisdiction of the courts of the State of Oregon, USA, or any federal court located therein. In any such action or proceeding, venue shall lie exclusively in Marion County, Oregon, USA, and in no other location. The parties further agree that in any such action or proceeding the parties shall appear for deposition at their own expense in Marion County, Oregon, USA, at such time as is either mutually agreed upon by the parties or ordered by the court.