Warranty & Legal Disclaimer:
This express warranty set forth herein constitutes the sole and exclusive warranty with respect to our products. We and our suppliers and distributors do not make, and hereby disclaim all other representations or warranties of any kind whether express or implied (either in fact or by operation of law), including all warranties of title, merchantability, fitness for a particular purpose or non-infringement of third party rights. The express warranty set forth herein commences on the date of purchase and expires 30 days after the invoice date from the BWD Nature Shop. Because some states do not allow limitations on implied warranties, the above limitations may themselves be limited or may not apply to you at all.
We and our suppliers and distributors do not warrant that the product will meet your requirements or will operate in combinations which you may select, and we hereby disclaim any and all liability on account thereof. You acknowledge that you are responsible for any damages occurring during shipping and transportation (not otherwise covered by insurance) to and from you, including damages incurred by the failure to use the original packaging. The express warranty set forth herein is limited to customers purchasing merchandise from the BWD Nature Shop and is not available to individuals who have not purchased directly from Bird Watcher’s Digest.
To the maximum extent permitted by applicable law, in no event shall we or our suppliers or distributors be liable for any incidental, special, consequential or punitive damages, personal injury or other pecuniary loss arising out of the use or inability to use our products, even if we have been advised of the possibility of such damages, and regardless of whether any claim is based upon any contract, tort or other legal or equitable theory. With the exception of death or personal injury caused by our negligence, to the extent applicable law prohibits such limitation, you acknowledge that in no event shall our total liability to you for all damages in any one or more causes of action exceed the total amount paid by you for the product. This limitation shall apply regardless of the failure of any essential remedy. Because some states do not allow the exclusion of limitation by incidental or consequential damages, the above limitation 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.