LIMITED WARRANTY

Critter Carbon warrants that the purchased Critter Carbon product (the "Product") sold to the first end user, defined as the initial recipient who uses the Product for its intended use ("BUYER") will be (i) free from defects in material and workmanship, provided the Product has been used in accordance with Critter Carbon's written product instructions and guidelines given on the Product's packaging and onĀ https://crittercarbon.com/, and (ii) will be sold with good and valid title, free of any liens or encumbrances. This warranty is valid for twelve (12) months from the date BUYER purchases the Product.

I. METHOD FOR OBTAINING WARRANTY SERVICE

  1. To obtain warranty service under this Manufacturer's Limited Warranty, BUYER must provide a written notice to warranty@crittercarbon.com explaining the alleged defects that BUYER believes demonstrate the Product's non-conformity with this limited warranty.
  2. Within a reasonable period of time upon learning of the alleged defect, Critter Carbon may, in its sole discretion, request that BUYER ship the allegedly defective Product to Critter Carbon to the address provided in this section for verification of the defect. BUYER shall bear the cost of shipping the alleged defective Product to Critter Carbon, unless otherwise agreed upon in writing. Critter Carbon shall cover the cost of replacement products and outbound shipping if Critter Carbon determines that the Product is defective in relation to this limited warranty in its sole discretion.
Return Address:
Critter Carbon
1010 Murray St.
Berkeley, CA 94710

II. WARRANTY SERVICES PROVIDED

  1. If Critter Carbon determines, in its sole discretion, that the Product is defective, BUYER's sole and exclusive remedy shall be to request either (1) a refund for the value of the defective Product or (2) a replacement for the defective Product. This refund or replacement shall be the sole obligation of Critter Carbon and the exclusive remedy of BUYER under this agreement.

III. EXCLUSIONS FROM WARRANTY

This Manufacturer's Limited Warranty does not cover Products that have been subject to:

  1. Any modifications, additions, alterations, or tampering;
  2. Improper use or application;
  3. Damage due to improper handling;
  4. Damage due to improper storage;
  5. Normal wear and tear;
  6. Physical damage to the Product as a result of unreasonable use and/or negligence; or
  7. Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane.

IV. LIMITATIONS ON WARRANTY

  1. This Manufacturer's Limited Warranty is provided by Critter Carbon, and it contains the only express warranty provided to BUYER by Critter Carbon. Critter Carbon does not authorize any other person, including distributors, to give any other warranties on Critter Carbon's behalf.

CRITTER CARBON DISCLAIMS ANY EXPRESS WARRANTY NOT PROVIDED HEREIN AND ANY IMPLIED WARRANTY, GUARANTY OR REPRESENTATION AS TO PERFORMANCE, QUALITY AND ABSENCE OF HIDDEN DEFECTS, AND ANY REMEDY FOR BREACH OF CONTRACT, WHICH BUT FOR THIS PROVISION, MIGHT ARISE BY IMPLICATION, OPERATION OF LAW, CUSTOM OF TRADE OR COURSE OF DEALING, INCLUDING IMPLIED WARRANTIES OF WORKMANLIKE QUALITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. CRITTER CARBON FURTHER DISCLAIMS, ANY RESPONSIBILITY FOR LOSSES, EXPENSES, INCONVENIENCES, SPECIAL, INDIRECT, SECONDARY OR CONSEQUENTIAL, INCIDENTAL, AND CONTINGENT DAMAGES WHATSOEVER, INCLUDING DAMAGES ARISING FROM OWNERSHIP OR USE OF PRODUCT.

IMPLIED WARRANTIES IN JURISDICTIONS WHERE THEY MAY NOT BE DISCLAIMED SHALL BE IN EFFECT ONLY FOR THE DURATION OF THE EXPRESS WARRANTY SET FORTH HEREIN.

IF BUYER HAS A CLAIM UNDER THIS MANUFACTURER'S LIMITED WARRANTY OR UNDER ANY IMPLIED WARRANTIES PROVIDED TO BUYER BY STATE LAW, BUYER MAY NOT FILE A COURT ACTION BASED ON THAT CLAIM ANY LATER THAN ONE (1) YEAR AFTER BUYER'S RIGHT TO FILE A COURT ACTION ACCRUES. IN THOSE STATES WHICH DO NOT ALLOW THIS LIMITATION ON THE TIME PERIOD FOR FILING A COURT ACTION, THIS PROVISION IS INAPPLICABLE.

V. LIABILITY AND REMEDIES

UNDER NO CIRCUMSTANCES WILL CRITTER CARBON OR ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF CRITTER CARBON'S PRODUCTS OR CRITTER CARBON'S SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF CRITTER CARBON'S PRODUCTS OR CRITTER CARBON'S SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

BUYER AGREES THAT WITH REGARD TO ANY POTENTIAL CLAIM RELATING TO CRITTER CARBON'S PRODUCTS OR CRITTER CARBON'S SERVICES, IT SHALL WAIVE AND NOT SEEK ANY REMEDY OTHER THAN A CLAIM FOR BREACH OF THIS LIMITED WARRANTY TO BE SOUGHT SOLELY AND EXCLUSIVELY FROM CRITTER CARBON. IN PARTICULAR, BUYER AGREES THAT IT SHALL NOT SEEK ANY REMEDY FROM ANY OWNERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSOCIATES, PARENTS, SUBSIDIARIES, OR AFFILIATES OF CRITTER CARBON, AND BUYER HEREBY WAIVES ANY AND ALL OTHER POTENTIAL CLAIMS AGAINST SAID PARTIES.

CRITTER CARBON'S TOTAL AGGREGATE LIABILITY TO BUYER OR ANY OTHER PERSON OR ENTITY FOR ANY AND ALL CLAIMS AND DAMAGES ARISING FROM OR OUT OF THESE TERMS (WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY BUYER FOR THE PRODUCT.

VI. MISCELLANEOUS

  1. Any description of the Product, whether in writing or made orally by CRITTER CARBON or CRITTER CARBON's agents, specifications, samples, models, bulletins, drawings, diagrams or similar materials used in connection with BUYER's order, are for the sole purpose of identifying the Product and shall not be construed as an express warranty. Any suggestions by CRITTER CARBON or CRITTER CARBON's agents regarding use, application, or suitability of the Product shall not be construed as an express warranty unless confirmed in writing by CRITTER CARBON to be such.