Terra caddy, Assembly Manual

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Exclusions to Coverage (cont.)
Checking may occur when wood products are exposed to outside elements. Checking is
considered natural and is not covered under this warranty unless they contribute to struc-
tural failure. Damages to Terra Caddy caused by sources of heat (e.g. re, sunlight magnifica-
tion through reflection of windows, or from other sources, such as grill, fire pit, cigarette,
etc.) are not covered.
Cosmetic damage to your product including but not limited to scratches, dents and broken
plastic on parts that does not otherwise affect its functionality or materially impair your use.
Products with a serial number that have been altered, defaced, or removed.
Fees or costs related to third-party contracts, consequential or incidental damages, includ-
ing but not limited to loss of use, loss of business, loss of profits, loss of data, downtime,
charges for time and effort, or “no problem found” diagnoses.
Disclaimer
EXCEPT AS EXPRESSLY SET FORTH ABOVE, TERRA CADDY MAKES NO REPRESENTA-
TION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NONINFRINGEMENT, OR WARRANTIES OR OBLIGATIONS ARISING
FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
Limitation of Liability
IN NO EVENT WILL TERRA CADDY OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR
ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, OR LOST DATA, OR
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF TERRA CADDY OR ITS AFFILI-
ATE OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND
WHETHER OR NOT ANY REMEDY PROVIDED SHOULD FAIL OF ITS ESSENTIAL PURPOSE.
THE TOTAL CUMULATIVE LIABILITY TO CUSTOMER, FROM ALL CAUSES OF ACTION AND
ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE
PURCHASE PRICE OF THE PRODUCT PAID BY CUSTOMER.
Without limiting the generality of the preceding sentence, Terra Caddy shall not be liable
for personal injury or property damage.
Assignment of Rights
The warranties contained herein extend only to the original purchaser of the Products and
no attempt to extend the warranties to any subsequent transferee of the Products shall be
valid or enforceable without the express written consent of Terra Caddy.
Governing Law
Interpretation and enforcement of these terms and conditions shall be governed by the
laws of the State of Texas.
WARRANTY (cont.)
Warranty - 9