LIMIT OF WARRANTY AND LIABILITY FOR CONSUMERS
The Company, Colby Valve, LLC, (herein referred to as the Company) warrants that this product conforms to the description on the label, website, and other written materials supplied by the company; and that it is reasonably fit for the purposes set forth in the Directions provided with this product when used in accordance with those Directions under the conditions described therein. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, NO OTHER EXPRESS WARRANTY OR IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR MERCHANTABILITY IS MADE. This warranty is also subject to the conditions and limitations stated herein.
The warranty is limited to manufacturing defects. The nature of the product is one that can eventually fail from normal wear and tear, due to the products nature, the warranty is limited to one year from the date of installation.
To the extent consistent with applicable law, buyer and all users shall promptly notify the Company of any claims whether based in contract, negligence, strict liability, products liability, other tort, or other legal theory.
Buyers and all users are responsible for all loss or damage from use or handling which results from conditions beyond the control of the Company, such as, but not limited to misuse of the product, failure of user to follow product's Directions, product’s incompatibility with certain tire types or tire manufacturers, or any other such actions, to the extent consistent with applicable law.
TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, THE EXCLUSIVE REMEDY OF THE USER OR BUYER, AND THE LIMIT OF THE LIABILITY OF THIS COMPANY OR ANY OTHER SELLER FOR ANY AND ALL LOSSES, INJURIES OR DAMAGES RESULTING FROM THE USE OR HANDLING OF THIS PRODUCT (INCLUDING CLAIMS BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY, OTHER TORT, OR ANY OTHER LEGAL THEORY) SHALL BE THE PURCHASE PRICE PAID BY THE USER OR BUYER FOR THE QUANTITY OF THIS PRODUCT INVOLVED, OR AT THE ELECTION OF THIS COMPANY OR ANY OTHER SELLER, THE REPLACEMENT OF SUCH QUANTITY, OR, IF NOT ACQUIRED BY PURCHASE, REPLACEMENT OF SUCH QUANTITY. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, IN NO EVENT SHALL THIS COMPANY OR ANY OTHER SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES.
All legal actions or lawsuits related to the product shall be governed by the laws of the State of Arkansas and the Washington County, Arkansas Circuit Court shall have exclusive jurisdiction and venue to hear any cases or claims against the company related to the use of the product. Buyers and users of the product agree to accept the personal and subject matter jurisdiction of the Washington County, Arkansas Circuit Court.
Upon the opening and using of this product, buyer and all users are deemed to have accepted the terms of this Limit of Warranty and Liability which may not be varied by any verbal or written agreement. If the terms are not acceptable, return product at once to the retailer where it was purchased or to the Company directly at: Colby Valve, 788 N Old Missouri Rd, Springdale, AR 72764.