LIMITED LIFETIME WARRANTY AND LIMITED LIABILITY
Dock Blocks of North America, LLC (“DBNA”) warrants its product (individual flotation unit and related accessories), if not altered by the original purchaser or any third party and if used in compliance with all applicable instructions, supplements and assembly or installation videos, and if used in accordance with the DBNA users manual and applicable law, to be free from defects in material and workmanship for as long as the original purchaser owns the product and the product is used for non-commercial personal use. If the product should prove defective in material or workmanship within that period, DBNA or its contractors will, at the sole discretion of DBNA, repair or replace a defective individual flotation unit or related component part with a new or reconditioned unit or part. Service under this Warranty may be obtained by notifying a DBNA contractor or dealer of a warranty claim, which claim will then be evaluated for validity within 20 days. Call your DBNA dealer or DBNA Customer Service at 1-877-478-8440 to receive a Warranty Claim Verification Number (WCVN) prior to claim evaluation and any potential repair or replacement. DBNA warrants its product which are used for commercial purposes, if not altered by the original purchaser or any third party and if used in compliance with all applicable instructions, supplements and assembly or installation videos, and if used in accordance with the DBNA users manual and applicable law, to be free from defects in material and workmanship for five (5) years from the date of purchase and subject to the above-described claims process and individual unit repair or place policy.
THIS WARRANTY DOES NOT APPLY TO NORMAL WEAR OR TO DAMAGE RESULTING FROM ACCIDENT, MISUSE, ALTERATION, MODIFICATION, ABUSE OR NEGLECT. THIS WARRANTY EXTENDS ONLY TO THE ORIGINAL PURHASER OF A DBNA PRODUCT. DBNA MAKES NO EXPRESS WARRANTIES OTHER THAN THE WARRANTY EXPRESSLY SET FORTH HEREIN AND A DBNA DEALER or AGENT HAS NO AUTHORITY TO EXTEND A GREATER OR DIFFERENT WARRANTY ON BEHALF OF DBNA. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, IF ANY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, ARE SPECIFICALLY DISCLAIMED. THIS WARRANTY APPLIES ONLY TO DBNA PRODUCT PURCHASED THROUGH AN APPROVED DBNA DEALER OR SALES CONTRACTOR.
LIMITATION OF LIABILITY, REMEDIES AND DAMAGES. IN NO EVENT SHALL DBNA BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, OR INABILITY TO USE, THE PRODUCT OR ACCESSORIES OR ARISING OUT OF ANY OTHER CIRCUMSTANCES ASSOCIATED WITH THE SALE OF THE PRODUCT, INCLUDING WITHOUT LIMITATION DAMAGES BASED ON LOSS OF PROFIT, LOSS OR INTERRUPTION BUSINESS, LOSS OF TIME, INCONVENIENCE, DAMAGE TO THE PRODUCT, PERSONAL INJURY, DEATH, OR DAMAMAGE TO PERSONAL OR REAL PROPERTY, OR DAMAGES RESULTING FROM MISUSE OR MODIFICATION OF YOUR DBNA FLOTATION UNIT, EVEN IF DBNA IS ADVISED IN ADVANCE OF THE POSSIBILITY OF ANY ABOVE-DESCRIBED DAMAGES. DBNA’s total liability, if any, under any provision of this Warranty for any and all claims, losses or damage relating to the product or arising out of any other circumstances associated with the sale or use of a product (whether based on tort, contract, or any other theory), other than claims based upon the gross negligence or willful misconduct of DBNA, shall be limited to the amount actually paid to DBNA for the product. DBNA is not responsible for unauthorized or unlawful acts of its dealers or agents.
LAW OF SOUTH CAROLINA CONTROLS. The Purchaser and DBNA hereto agree that by in entering into this Agreement they have contracted with reference to, and adopted, the laws of the State of South Carolina and the construction and interpretation of the terms and provisions of this Agreement and the rights and obligations of the parties hereunder shall be interpreted and construed under and pursuant to the laws of the State of South Carolina, except in such cases and to such extent as the laws of another jurisdiction must control. By execution or approval of the Sales Agreement, Purchaser, DBNA, its Agents and Dealers specifically agree to be subject to personal jurisdiction in the State of South Carolina and agree that Charleston County is the designated venue for resolution of any claims or proceedings.