STIX Fishing Inc. (“STIX Fishing”) warrants to the original purchaser (“Customer”) that the fishing rods (including any part thereof), with the exclusion of guides (see below), (each, a “Product”) will be free in all material respects from defects in materials, manufacturing, or workmanship, for a period of three (3) years from Customer’s original date of purchase of the applicable Product from STIX Fishing (“Warranty Period”). If any Product fails to conform to the foregoing warranty and STIX Fishing receives a valid written claim within the Warranty Period, STIX Fishing will, at STIX Fishing’s option and expense, (a) use commercially reasonable efforts to repair or replace the defective Product or part with a new or refurbished Product or part, or (b) accept the return of the defective Product and refund to Customer the full purchase price of the defective Product. The foregoing warranty is STIX Fishing’s sole obligation and the Customer’s sole and exclusive remedy for any defects in the Products. Repair or replacement of a defective Product or part does not extend to the original Warranty Period for such a Product.
Exclusions and Limitations. This warranty does not apply to: (a) damage resulting from abuse, misuse, accident, or negligence (b) normal wear and tear, (c) defects caused by alterations, modifications, repair, and servicing not made or authorized by STIX Fishing, (d) damage caused by handling, operating, storing, and using the Product outside the permitted or intended uses, (e) defects that are not reproducible by STIX Fishing, and (f) broken guides beyond 30 days from the original date of purchase.
Limitation of Liability. IN NO EVENT SHALL STIX FISHING BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE USE OF OR INABILITY TO USE ANY PRODUCT, EVEN IF STIX FISHING KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. STIX FISHING’S AGGREGATE CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS LIMITED WARRANTY AND THE USE OF, OR INABILITY TO USE, ANY PRODUCT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL IN NO EVENT EXCEED THE PRICE PAID BY THE CUSTOMER FOR SUCH PRODUCT.
Consumer Protection. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS LIMITED WARRANTY SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.