Warranty and Disclaimer

SWING MASON LIMITED WARRANTY

SWING MASON, LLC STANDS BEHIND THE PRODUCTS IT MANUFACTURES (THE “GOODS”) AND PROVIDES THE FOLLOWING LIMITED WARRANTY FOR ALL OF ITS PRODUCTS. BY PURCHASING A SWING MASON PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LIMITED WARRANTY. THIS LIMITED WARRANTY GIVES YOU, THE BUYER, SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. SWING MASON WARRANTS THAT DURING THE WARRANTY PERIOD, THE PRODUCTS MANUFACTURED BY SWING MASON WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.

1. Warranty Period. for a period of twelve (12) months from the date of purchase of the Goods (the “Warranty Period”), that such Goods will conform to the Specifications and will be free from significant defects in material and workmanship.

2. Warranty Limitations. The warranties under this Limited Warranty do not cover any damages due to:
a. Transportation, accidents, abuse, misuse, neglect, negligence, improper testing, or improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions or use contrary to any instructions issued by Swing Mason;
b. combination or use with any products, materials, processes, systems or other matter not provided, approved, or otherwise authorized in writing by Swing Mason;
c. commercial use;
d. failure to follow the product instructions or to perform any preventive maintenance;
e. unauthorized repair, reconstruction, modification, or any other alteration to the Goods by persons other than Swing Mason or its authorized Representative; or
f. normal wear and tear.

3. Buyer’s Exclusive Remedy under Limited Warranty. This Limited Warranty contains Buyer’s sole and exclusive remedy and warranty for defective Goods. Buyer’s remedy under this Limited Warranty is conditioned upon Buyer’s compliance with its obligations set forth below. During the Warranty Period, with respect to any allegedly defective Goods:
a. Buyer shall notify Swing Mason during the Warranty Period, in writing,
of any alleged claim or defect within a reasonable amount of time from the date Buyer discovers, or upon reasonable inspection should have discovered, such alleged claim or defect (but in any event before the expiration of the applicable Warranty Period);
b. Buyer shall ship/deliver, at Seller’s expense, such allegedly defective Goods to Swing Mason’s facility located at Studio SM, PO Box 70589, 2938 Dundas St. West, Toronto, ON, M6P1Y0, Canada;

c. Attn: Warranty, for inspection and testing by Swing Mason;
d. If Swing Mason’s inspection and testing reveals that such Goods are defective and any such defect has not been caused or contributed to by any of the factors described under Section 2, Swing Mason shall, at its expense, (i) repair or replace such defective Goods within a reasonable amount of time, or (ii) credit or refund the Price of such defective Goods less any applicable depreciation, discounts, rebates or credits within a reasonable amount of time;
e. Swing Mason shall, after determining the Goods are defective, deliver to Buyer, at Swing Mason’s expense, the repaired or replaced Goods;
f. Buyer has no right to return for repair, replacement, credit, or refund any Goods except as set forth in this Section 3. In no event during the Warranty Period shall Buyer reconstruct, alter, or replace any Goods, in whole or in part, either itself or by or through any third party.

4. Non-Transferable. This limited warranty extends only to the original purchaser of the Goods. It does not extend to any subsequent or other owner or transferee of the Goods or any transferee or other beneficiary of the service.

5. Disclaimer of Warranties/Limitation of Liability. SWING MASON HEREBY DISCLAIMS AND BUYER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Swing Mason’s liability shall be limited, at Swing Mason’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Swing Mason’s entire obligation and liability to Buyer in respect of the Goods, and Buyer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SWING MASON BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SWING MASON HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SWING MASON’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY BUYER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.