This Limited Warranty outlines applicable coverage and claim procedures for Products manufactured or sold by Logistick, Inc. (referenced herein as “Warrantor” or “we”).
- Coverage. Subject to the following terms and conditions, we warrant to you, the original purchaser of product directly from Logistick only, that our products (the “Products”) will be free from defects in materials and workmanship at the time of sale. We will honor this Warranty for a period of one (1) year from the date of purchase, and only for Products sold and used in the United States.
- Service. For Products having a covered defect within the warranty period, we will, in our sole and absolute discretion, repair or replace the Product with a new or refurbished Product, or provide a pro rata refund of that portion of the Product. There is no other warranty.
- Notice. No remedy will be required or offered unless we receive written notice of a claimed defect. You must make any claim of defect, including without limitation under this Warranty, in writing, with full particulars, promptly after the defect was or reasonably should have been discovered, and in any event no later than thirty (30) days of its discovery. Your written notice must describe the defect, provide your name and address, state the location of the Product, and provide us full particulars of the warranty claim. As a condition of coverage, we must be provided access to the original Product for inspection, testing, or other work at our discretion. The Product must remain unmodified. We will not consider any claims for Products that are not in their original form. Failure to give us proper or timely notice of a claimed defect, or performing any modification, replacement, attempted repair, self-help, or alteration of the Product, or other goods into which our Product has been incorporated, without our prior written approval and before we inspect or test the Product, will constitute an absolute waiver and release of all claims and rights under this Warranty.
- Transferability. This Warranty is not assignable or transferable. This Warranty extends only to you, the original purchaser PURCHASING A Product directly from warrantor’s facilities, and will not be construed to extend to any third-party.
- Limitations. THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULL EXTENT DISCLAIMER IS PERMITTED BY LAW. IN ANY EVENT, ANY IMPLIED WARRANTY THAT MAY ARISE BY LAW IS LIMITED IN DURATION TO THE TERM HEREIN AND TO THE COVERED PRODUCTS. THE REPAIR, REPLACEMENT, OR REFUND PROVIDED HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES. EXCEPT AS PROVIDED IN THIS WARRANTY, ALL PRODUCTS ARE BEING SOLD “AS IS” AND “WITH ALL FAULTS.” ALL RISKS AS TO PRODUCT QUALITY OR PERFORMANCE NOT CONTEMPLATED BY THIS WARRANTY WILL BE BORNE EXCLUSIVELY BY YOU, THE PURCHASER. IF A PRODUCT PROVES DEFECTIVE AFTER ITS PURCHASE, YOU, NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR THAT IS NOT COVERED UNDER THIS WARRANTY. IN NO EVENT WILL WE BE LIABLE FOR COSTS OF REMOVAL OR REINSTALLATION OF THE PRODUCTS, OR ANY EXPENSE RELATED TO REINSTALLATION. WE WILL HAVE NO LIABILITY TO ANYONE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION PROPERTY DAMAGE, LOST PROFITS, LABOR COSTS, OR ANY OTHER PECUNIARY DAMAGE, WHETHER DUE TO ANY DEFECT IN THE PRODUCTS, BREACH, DELAY, NON-DELIVERY, NON-PERFORMANCE, RECALL, OR ANY OTHER REASON. ALL CLAIMS FOR NEGLIGENCE AND FOR FAILURE OF ESSENTIAL PURPOSE ARE EXPRESSLY WAIVED AND RELEASED. UNDER NO CIRCUMSTANCES WILL OUR liability for any defect in the Goods, whether based on contract, tort, warranty, or any other theory, exceed the purchase price of the PRODUCTS. THERE ARE NO THIRD-PARTY BENEFICIARIES TO THE WARRANTY’S TERMS. YOU WAIVE ANY RIGHT TO A JURY TRIAL AND CLASS ACTION RELATING TO THIS WARRANTY, AND MAY NOT JOIN OR CONSOLIDATE CLAIMS AS A REPRESENTATIVE OF A CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
- Exclusions. This Warranty only covers the named Products. Due to the intended use of our Products, any and all remaining items and components carry NO WARRANTY WHATSOEVER from us regardless of circumstance and are SOLD “AS IS” and “WITH ALL FAULTS” to the full extent permitted by applicable law. Your inspection is the only protection on these items and components. We will not be liable for any defects, whether due to workmanship, materials or any other reason whatsoever, for these items and components. This Warranty also does not cover customer instruction, installation, labor, parts supplied by others, abuse, misuse, neglect, improper usage, overloading, accidents, unreasonable use, improper loading, improper operation, improper repair, improper maintenance, normal wear and tear, color fade, mold, mildew, rust formation, modifications, or attempted repair by anyone other than our authorized representative.
- Indemnity. You agree to indemnify and hold us, as well as our officers, agents, employees, and representatives, harmless from and against all claims, causes of action, liabilities, losses, damages, judgements, and proceedings, whether based in contract, quasi-contract, subrogation, tort, strict liability, or any other legal or equitable theory, including without limitation all expenses, costs, damages or injury to person or property, and attorney fees incident thereto, arising from or relating to your handling, storage, transportation, possession, processing, fabrication, resale, or any other activity involving the Products after delivery, or relating to any extension or attempt to extend, assign, transfer, or pass this Warranty through to anyone else. At our request, and subject to our sole discretion to choose our own counsel, you will also defend us from any such claims, causes of action, or proceedings.
- Third-Party Events. In the event of any accident, injury to person, damage to property, loss, or other occurrence involving a Product, you must notify us in writing of the circumstances within thirty (30) days of the event or within ten (10) days of notification to you, whichever is earlier. Notwithstanding this, you must notify us immediately if a survey, test, or inspection is to be conducted on a Product, and provide us with the opportunity to participate in any such survey, test or inspection, or to permit us to conduct our own survey, test or inspection in advance. Your failure to comply with this paragraph will constitute a waiver and release of all rights under this Warranty.
- Statute of Limitations. Any claim, action, or other proceeding, under this Warranty or otherwise, related to the Product must be commenced within one (1) year after the earlier of (a) the expiration of the warranty coverage period, (b) our alleged failure to repair the defect at issue; or (c) the date on which your claim accrues under applicable law. Unless prohibited by law, the performance of repairs will not prevent the limitations period from expiring, nor will any tolling or estoppel doctrine apply. This warranty does not extend to future performance.
- Applicable Law & Venue. This Warranty will be governed by and construed in accordance with the laws of the State of Indiana without regard to principles of conflicts of law. To the full extent permitted by law, any disagreement, dispute, controversy, or claim arising out of or relating to this Warranty or Product must be brought, if at all, only in a state court in St. Joseph County, Indiana, or a federal court in the Northern District of Indiana, having jurisdiction over the subject matter. You irrevocably consent that such court will have personal jurisdiction over you and waive any objection that the court is an inconvenient forum. YOU WAIVE ANY RIGHT TO A JURY TRIAL AND CLASS ACTION RELATING TO THIS WARRANTY, AND MAY NOT JOIN OR CONSOLIDATE CLAIMS AS A REPRESENTATIVE OF A CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. In the event you bring any claim against us in violation of this Warranty or for claims waived or released under this Warranty, you agree to pay our attorney and paralegal fees and costs to defend such suit.
- Modifications. We will not be liable for commitments, promises, or agreements made by any employee or agent that is not in accordance with this Warranty. The current warranties and terms outlined on the Warrantor’s website (www.logistick.com) applicable on the date of purchase take precedence over any other warranties, whether oral or written. We reserve the right to alter our warranties from time to time, as the laws and our business needs and industry change. Any conditions or exceptions that may be stated in any communication or document to us from any entity or individual, including but not limited to the Purchaser, shall be of no effect unless specifically agreed to in writing and hand-signed by our authorized representative.
- Miscellaneous. Any legally or otherwise invalid provision hereof will be considered severable, with all remaining provisions enforceable. We have all rights and remedies given to sellers by applicable law, and our rights and remedies are cumulative and may be exercised from time to time. No waiver by us of any provision of this Warranty will be effective unless in writing, nor will it operate as a novation or waiver of any other provision or affect our right to exercise thereafter any right or remedy. We will not lose any right because we have not exercised that right in the past.
For questions and claims, contact Logistick, Inc., Attn. Warranty Dept., 19880 State Line Road, South Bend, Indiana 46637. To process your claim, we will need the following information: description of the Product involved, date of purchase, pictures of alleged defect, and description of alleged defect. Please include this information with any correspondence.
Logistick®, Inc. is a registered trademark. LOGISTICK, INC. warrants its product to be free from any defects in material and workmanship. LOGISTICK’S obligation is limited to furnishing, on an exchange basis, replacement parts which may have been found defective upon LOGISTICK inspection. LOGISTICK assumes no shipping responsibility for replacement parts. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In addition, under no circumstance will LOGISTICK, INC. be held liable for any damages or claims, including the losses of profit or business interruption, all of which are hereby expressly waived by the purchaser.