Niks Distributing Limited Liability
Niks Distributing warrants this product will be free from defects in material for thirty (30) days following the date of purchase. If the product is found by Niks Distributing to be defective, such product will be, at Niks Distributing's option, be replaced or repaired at cost to Niks Distributing. All products alleged to be defective must be returned to Niks Distributing, postage pre-paid within the thirty (30) day warranty period.
This limited warranty does not apply to any product which has been subject to misuse, mishandling, misapplication, neglect, accident, improper installation, modification, or adjustments or repairs, performed by anyone other than Niks Distributing.
The parties hereto expressly agree that the Purchaser's sole and exclusive remedy against Niks Distributing shall be for repair or replacement of the defective product as provided in this limited warranty. This exclusive remedy shall not be deemed to have failed of its essential purpose as long as Niks Distributing is willing and able to repair or replace defective goods.
This Limited warranty is in lieu of all other warranties, expressed or implied, including this merchantability or fitness for a particular purpose not expressly set forth herein. Any product which may be sold by Niks Distributing but is not manufactured by Niks Distributing is not warranteed by Niks Distributing, but sold only with warranties if any, of the manufacturer thereof.
Niks Distributing liability (whether under the theories of breach of contract or warranty, negligence or strict liability) for its products shall be limited to repairing or replacing parts found by Niks Distributing to be defective or at Niks Distributing opinion, to refund the purchase price of such product. In no event shall Niks Distributing be liable for incidental or consequential damages arising out of or in connection with the product. Consequential damages shall include, without limitation, Loss of use, income or profit, or losses sustained as the result of injury (including death) to any person or loss of or damage to property.
Any claim by Purchaser regarding this product shall be deemed waived by Purchaser unless submitted to Niks Distributing within the (i) fifteen (15) days following the date Purchaser discovered, or by reasonable inspection should have discovered any claimed breach of this limited warranty, or (ii) thirty (30) days following the date of original purchase. Any cause or action for this breach of this limited liability warranty shall be brought within six (6) months from the date of the alleged breach was discovered or should have been discovered, whichever occurs first.