TimberTorch Limited Warranty

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 timbertorch@mcl.bz and received by MCL on or before the last day of the Limited Warranty Period. 

ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.  MCL EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED IN THIS LIMITED WARRANTY.  ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE TERMS OF THIS LIMITED WARRANTY.  IN NO EVENT WILL MCL BE LIABLE TO A CUSTOMER, OR ANY THIRD PARTY, FOR ANY DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT ALLEGED TO BE DEFECTIVE.  IN ADDITION, MCL SHALL IN NO EVENT BE LIABLE TO A CUSTOMER, OR ANY THIRD PARTY, FOR ANY DIRECT OR INDIRECT DAMAGES OR OTHER SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE FAILURE OF THE PRODUCT TO COMPLY WITH THIS LIMITED WARRANTY,  INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF OTHER PROPERTY OR COST OF PURCHASE OR REPLACEMENT OF OTHER GOODS.  THE REMEDIES OF CUSTOMER SET FORTH IN THIS LIMITED WARRANTY ARE EXCLUSIVE.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, MCL’S LIABILITY WITH RESPECT TO THE PRODUCT, IN ALL INSTANCES, SHALL BE LIMITED TO THE REPAIR, REPLACEMENT, OR REFUND OF THE ACTUAL PURCHASE PRICE OF THE PRODUCT ALLEGED TO BE DEFECTIVE, AS PREVIOUSLY SET FORTH IN SECTION 2, ABOVE.
Some states do not allow the exclusion or limitation of incidental or consequential damages or limitation of the duration of an implied warranty, so the above limitations or exclusions may not apply to the customer.  This Limited Warranty gives the customer specific legal rights, and the customer may also have other rights which may vary from jurisdiction to jurisdiction.

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.