Deluxe Hot Tub Warranty
LIMITED WARRANTY ON DELUXE HOT TUB
THIS LIMITED WARRANTY (“LIMITED WARRANTY”) IS PROVIDED BY 0970261 BC LTD D/B/A BACKCOUNTRY RECREATION (“RBACKCOUNTRY RECREATION”, “WE”, “US” OR “OUR”), A WYOMING CORPORATION, TO YOU IN CONNECTION WITH YOUR PURCHASE OF A WOODEN HOT TUB (“PRODUCT”). THIS LIMITED WARRANTY CAN ALSO BE FOUND ONLINE AT WWW.BACKCOUNTRYRECREATION.COM/WARRANTY. OUR RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED TO REPAIR, REPLACEMENT, REFUND, OR REASONABLE REIMBURSEMENT FOR THE ENGAGEMENT OF A THIRD PARTY TO REPAIR OR REPLACE YOUR PRODUCT, SUBJECT TO THE TERMS DESCRIBED BELOW IN THIS WARRANTY STATEMENT.
1. GRANT OF LIMITED WARRANTY. We warrant that, during the Warranty Period (as defined below), the Product that you have purchased will be generally free from defects in materials and workmanship, subject to the terms set forth herein and our Terms of Service, available at https://www.BACKCOUNTRYRECREATION.com/terms-of-service/, as amended from time to time (the “Terms of Service”), the terms of which are incorporated herein by reference. If the Product that you have purchased has any defects in materials and workmanship, as described in Section 2, and you discover such defects during the Warranty Period, you may be entitled to certain remedies as set forth in Section 4.
2. COVERAGE OF LIMITED WARRANTY. The Limited Warranty shall not be read to include any issues, persons, or time period outside of the conditions set forth below:
a) Defects in the materials and/or workmanship of the Product for the Warrant Period as defined below, where such defects existed at the time that the Product left our warehouse.
b) The consumer who originally purchased the Product ("you"). It does not extend to any subsequent owner or other transferee of the Product.
c) The period beginning upon the date you receive delivery of the Product and lasting one year (the "Warranty Period"). The Warranty Period is not extended if we repair or replace the Product.
3. DEFECTS OUTSIDE OF LIMITED WARRANTY. This limited warranty does not cover any damage or defects in materials or workmanship of the product due to: (a) transportation; (b) storage; (c) improper use; (d) failure to properly install the Product, follow the Product’s instructions, or perform any preventive maintenance reasonably required to maintain the Product in good condition; (e) modifications; (f) repair by any parties that we have not expressly authorized; (g) normal wear and tear; or (h) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
4. REMEDIES UNDER LIMITED WARRANTY. With respect to any qualifying defective Product of which we are notified during the Warranty Period, we will, in our sole discretion, either: (a) repair or replace such product (or the defective part) free of charge, or (b) refund the purchase price of such Product to you. All work upon any qualifying defective Product will be coordinated by Backcountry Recreation and/or our authorized agents. If we elect to repair or replace the defective Product, and such repair or replacement requires the shipment of the defective product to another location, we will also pay for shipping and handling fees incurred in order to return the repaired or replacement product to you.
5. NOTICE OF DEFECTS. To be eligible to obtain warranty service from us, you must e-mail our after-sales team at Info@backcountryrecreation.com during the Warranty Period, providing (i) the name and model number of the Product, (ii) the date on which the Product was purchased, (iii) the name of the purchaser, and (iv) a general description of the defects in the Product. We may request additional information from you in order to determine the nature of the services necessary, including, without limitation, information on your order receipt, a description of how the defects were discovered, and any issues arising from the defects. No warranty service will be provided except and unless we receive timely notice of the Product’s defects from you and we determine, at our sole discretion, that such defects are covered under this Limited Warranty.
6. DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY. NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY, OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. WE MAKE NO REPRESENTATIONS OR WARRANTIES EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY IMPLIED WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW WILL BE LIMITED TO THE DURATION OF THE WARRANTY PERIOD. BECAUSE WOOD IS A NATURAL PRODUCT, WE CANNOT TAKE RESPONSIBILITY FOR NATURAL WEAR AND DEGRADATION THAT MAY OCCUR IN THE PRODUCT OVER TIME. THE LIFE EXPECTANCY OF OUR WOOD PRODUCTS VARIES DEPENDING ON CHOICE OF LUMBER, STORAGE, MAINTENANCE, AND OTHER TREATMENT OF THE PRODUCT, LOCAL CLIMATE, AND THE LOCATION IN WHICH THE PRODUCT IS STORED. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. TO THE EXTENT THAT THE JURISDICTION IN WHICH YOU RESIDE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION SHALL NOT BE READ TO APPLY TO YOU.
7. DISPUTES. If you believe that we have not performed our obligations under this Limited Warranty, and you are unable to resolve your dispute with us after providing notice in Section 5, you may seek resolution of your dispute in accordance with Section 17 of the Terms of Service (Governing Law; Forum; Waiver of Jury Trial). Any terms not expressly set forth in this Limited Warranty shall be governed by the terms in the Terms of Service.