Legal

All purchases from EdgeTune, Inc, are subject to our standard terms and conditions set forth below. These terms include a limited warranty, a warranty disclaimer and a limitation of liability clause. To complete your purchase, please review these terms and conditions, and if you agree to them, click "I Agree (add to cart)", which can be found on any of the "Buy" pages. If you do not agree to these terms, click "I Do Not Agree" and your order session will terminate.

LIMITED WARRANTY, WARRANTY DISCLAIMER and
LIMITATION OF LIABILITY

The terms and conditions set forth below, along with the prices, quantities and shipment terms applicable to your order, form the entire agreement (hereinafter the “Agreement”) between you, the purchaser (hereinafter “Buyer”), and EdgeTune, Inc., the seller (hereinafter the “Seller”).

1. Products: Buyer’s purchase of goods from Seller consists of a certain product manufactured by Seller, specifically the EdgeTune™ Pro II guide bracket (the “EdgeTune Product”) made to fit certain rotary tools. Buyer’s purchase of goods from Seller also includes certain products manufactured and/or assembled by others, including without limitation stones, bands, glide wax, safety glasses and, in the case of some orders, may also include a rotary tool (individually and/or collectively, “Non-EdgeTune Products”). The EdgeTune Product and the Non-EdgeTune Products are collectively referred to hereinafter as the “Products.”

2. LIMITED WARRANTY: SELLER WARRANTS TO BUYER THAT THE EDGETUNE PRODUCT WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER NORMAL USE AND OPERATION (THE “LIMITED WARRANTY”) FOR A PERIOD OF TWELVE (12) MONTHS FROM THE DATE THE EDGETUNE PRODUCT IS DELIVERED TO BUYER (THE “WARRANTY PERIOD”). ANY ACTION BY BUYER FOR A BREACH OF THE LIMITED WARRANTY MUST BE BROUGHT NO LATER THAN ONE (1) YEAR AFTER THE TERMINATION OF THE WARRANTY PERIOD.

3. WARRANTY DISCLAIMER: EXCEPT FOR THE LIMITED WARRANTY, SELLER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTIES APPLIES TO BOTH THE EDGETUNE PRODUCT AND THE NON-EDGETUNE PRODUCTS. NON-EDGE TUNE PRODUCTS ARE SOLD BY SELLER “AS IS,” SELLER SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THEM, AND ANY WARRANTY APPLICABLE TO THEM SHALL BE BASED SOLELY ON THE WARRANTY, IF ANY, OFFERED BY THE RESPECTIVE MANUFACTURERS OF THE NON-EDGETUNE PRODUCTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO WARRANTY IS MADE BY SELLER AS TO ANY WEAR ITEM (INCLUDING STONES AND BANDS) OR ANY ROTARY TOOL.

4. Warranty Remedies: As to any defect in the EdgeTune Product covered by the Limited Warranty, Buyer may return the EdgeTune Product to Seller and Seller shall, at its option and as Buyer’s sole and exclusive remedy under the Limited Warranty, either replace or repair the EdgeTune Product found to be defective under the Limited Warranty and during the Warranty Period, and such repair or replacement shall be delivered to Buyer at no expense. If the EdgeTune Product is returned to Seller, and Seller determines that the EdgeTune Product is not defective in any way, before Seller has any obligation to return such non-defective EdgeTune Product to Buyer, Buyer shall pay Seller a reasonable amount for each such EdgeTune Product to cover Seller’s investigation and shall pay the cost to ship the non-defective EdgeTune Product back to Buyer.

5. LIMITATION OF SELLER’S LIABILITY: BUYER SPECIFICALLY AGREES THAT SELLER’S ENTIRE LIABILITY FOR ANY AND ALL DAMAGE, INJURY OR LOSS (REGARDLESS OF THE NATURE OR EXTENT OF BUYER’S DAMAGE, INJURY OR LOSS) ARISING OUT OF OR RELATED TO THE PRODUCTS PURCHASED FROM SELLER SHALL BE THE TOTAL PRICE PAID BY BUYER TO SELLER FOR THE PRODUCTS PURCHASED HEREUNDER. BUYER FURTHER AGREES THAT UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE, EITHER UNDER THIS AGREEMENT OR UNDER ANY THEORY OF INTENTIONAL TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY LIABILITY, WARRANTY OR OTHERWISE, FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION BUYER’S LOST PROFITS.

6. Indemnification by Buyer: Buyer shall fully indemnify and hold Seller harmless from and against any and all liabilities, damages, claims, costs, or expenses, including reasonable attorneys’ fees and costs, which arise out of or relate to Buyer’s purchase, use, transfer and/or sale/resale of any Products purchased hereunder; provided, however, that nothing contained herein shall require Buyer to defend or indemnify Seller for any losses or damages arising solely out of any negligent or willful act, error, or omission of Seller.

7. Severability: To the extent that any of the disclaimers of warranty, exclusions of liability, or limitations of damages contained in this Article or in this Agreement conflict with applicable law, the offending provision(s) shall be modified to provide to Seller the fullest protection allowed by applicable law. Further, if any provision of this Agreement shall be declared invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.

8. Survival of Terms and Conditions: The terms and conditions of this Agreement shall survive the expiration of the Warranty Period.

9. No Oral Modifications: This Agreement may not be altered, amended, modified, or rescinded in any way except by written instrument duly executed by an officer of Seller.

10. Entire Agreement: This Agreement contains the entire agreement between Buyer and Seller and the terms hereof are all contractual and not a mere recital. All previous discussions or negotiations have been merged into this Agreement. Buyer has not relied upon any oral or written representations, express or implied warranties, or agreements that are not expressly contained in the body of this Agreement.

11. Governing Law: The internal substantive laws of the State of North Carolina (but not its conflicts of laws provisions nor any provision of the United Nations Convention on Contracts for the International Sale of Goods) shall govern and apply to this Agreement such that all issues concerning this Agreement (including without limitation validity, enforceability, construction, interpretation, performance, breach and remedies) shall be decided under the laws of the State of North Carolina.

12. Exclusive Forum and Consent to Personal Jurisdiction: Buyer and Seller agree that the state and federal courts located in North Carolina shall be the exclusive judicial forums for the adjudication of all disputes between them arising out of or relating to this Agreement, and each party consents to the exercise of personal jurisdiction over him/it in any such adjudication and hereby waives any and all objections and defenses to such personal jurisdiction regardless of whether such objection or defense is based upon the venue, North Carolina’s long-arm statute, the parties’ respective residence and/or contacts with North Carolina, the convenience of the witnesses and/or the parties, the inconvenience of the forum, or otherwise.

13. Headings; Construction: The underlined headings contained in this Agreement are included only for convenience and reference and said headings shall not be used in construing this Agreement and shall have no binding effect upon the parties hereto. The parties expressly agree that, if a court of competent jurisdiction deems any of the language contained in this Agreement to be vague or ambiguous, such language shall not be presumptively construed against any party but shall be construed to give effect to the true intentions of the parties.

 
 
 
 
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