1. Limited Warranty. MCL Industries, Inc. (“MCL”) warrants the TimberTorch fire pit and grill components (the “Product”) to be free from material defects in manufacturing, materials, and workmanship for one (1) year from the date of original customer’s purchase, as set forth on customer’s purchase receipt (the “Limited Warranty Period”).
2. Remedies. In the event of a Product failure as the result of a material defect in manufacturing, materials, or workmanship, within the Limited Warranty Period, MCL, at its option, will: (a) provide to the customer the appropriate replacement for the defective Product; (b) repair the Product found to be defective; or (c) provide a refund to the customer of the amount paid by the customer to MCL with respect to the Product found to be defective.
In the event that MCL elects to repair or replace the Product, such repaired or replaced Product shall be warranted, as set forth in this Limited Warranty, only for the remainder of the original Limited Warranty Period. Notwithstanding anything set forth in this Limited Warranty to the contrary, MCL’s obligations pursuant to this Limited Warranty are conditioned upon customer, at customer’s expense (subject to reimbursement if Product defect is confirmed), shipment and delivery of the Product alleged to be defective to MCL upon request.
3. Warranty Exclusions. This Limited Warranty is the only express warranty (written or oral), applicable to the Product and no individual or entity is authorized to modify or expand this Limited Warranty. All warranty claims must be made, in writing and sent to firstname.lastname@example.org and received by MCL on or before the last day of the Limited Warranty Period.
4. Additional Warranty Exclusions. In addition to the exclusions set forth in Section 3, above, this Limited Warranty does not cover Product defects caused, in whole or in part, by any one or more of the following circumstances or conditions: (a) adjustments or corrections to Product due to improper Product assembly; (b) Product failure due to the application or installation of non-MCL approved accessories, hardware, and additions; (c) failure to properly install MCL approved Product accessories, hardware, and additions; (d) corrosion caused by the Product’s exposure to the elements of weather or any corrosive substance contacting the Product; (e) overloading the Product or, otherwise, not operating the Product pursuant to the Product operating instructions included in the Product’s operating manual; (f) physical damage to the Product occurring during shipping after the Product leaves MCL’s facility; (g) Product exposure to conditions outside of the scope of the Product’s intended use and operations as described in the Product’s operating manual; (h) improper maintenance and care of the Product, before, during, or after assembly and use; (i) failure to properly protect the Product from exposure to the elements of weather before, during, or after assembly and use; (j) Product exposure to chemicals or substances and pollutants, hazardous or otherwise; (k) Product scratching, abrasion, or impact by hard objects; (l) failure to comply with Product storage instructions set forth in the Product’s operating manual; (m) failure to practice good recommended standards with respect to the use, storage, and assembly of the Product; (n) any form of modification or refabrication, partial or otherwise, of the Product; (o) accidents; (p) acts of God; and (q) normal wear and tear.
5. Miscellaneous. The rights and obligations of the parties hereunder shall be interpreted and governed in accordance with the laws of the State of Wisconsin. Any claim, dispute, controversy, or action arising out of or related to the enforcement of this Limited Warranty, regardless of the existence and nature of any purchase and sale documents related to the Product, shall be filed or brought in the Brown County Circuit Court, Green Bay, Wisconsin, or in the United States Federal District Court for the Eastern District of Wisconsin, Green Bay, Wisconsin. If any provision of this Limited Warranty is deemed or held to be illegal, invalid, or unenforceable, under any present or future laws of any applicable jurisdiction, this Limited Warranty shall be considered divisible and inoperative as to such provision to the extent it is deemed to be illegal, invalid, or unenforceable, and in all other respects, this Limited Warranty shall remain in full force and effect.