Headhunter Bow Strings, Inc./Headhunter Strings, Inc. Limited Product Warranty
This Limited Warranty and Limitation of Liability applies to every purchase of a Headhunter Bow Strings, Inc. (“Headhunter”) or Headhunter Strings, Inc. (“Headhunter Strings”) product whether purchased as a component or as a separate item. In return for the purchased product, the user/customer/purchaser (the “Purchaser”) agrees to the following terms:
LIMITED WARRANTY
Headhunter and Headhunter Strings warrants to Purchaser, for a period of one year from the date of delivery, that Headhunter strings and cables (the “Product” or “Products”) will be (a) free of material defects in material and workmanship, and (b) conform with the OEM written specifications and/or drawings, provided that the Product(s) are installed, used and maintained consistent with any instruction manuals and technical guidelines provided by the bow manufacturer, dealer and retail re-seller to the Purchaser.
Headhunter and Headhunter String’s sole obligation, and Purchaser’s exclusive remedy, for any breach or alleged breach of this Limited Product Warranty will be for Headhunter or Headhunter Strings, at its option, to (i) repair; (ii) replace; or (iii) refund or credit the purchase price paid by the Purchaser for any Product or Product Part (limited to strings only) that is defective. Replacement parts are warranted for six (6) months or the balance of the original warranty period, whichever is longer.
EXCEPT FOR THE LIMITED PRODUCT WARRANTY SET FORTH ABOVE, HEADHUNTER AND HEADHUNTER STRINGS MAKE NO OTHER WARRANTIES AND HEREBY EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY; NON-INFRINGEMENT OF PROPRIETARY, INTELLECTUAL PROPERTY OR OTHER THIRD-PARTY RIGHTS; OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THIS LIMITED PRODUCT WARRANTY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HEADHUNTER, ITS OWNERS, EMPLOYEES OR ANY OF ITS REPRESENTATIVES OR HEADHUNTER STRINGS, ITS OWNERS, EMPLOYEES OR ANY OF ITS REPRESENTATIVES BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE TO THE PURCHASER, ANY RELATED COMPANIES OR SUBSIDIARIES, OR ANY THIRD PARTY (INCLUDING AFFILIATES) FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR PERSONAL INJURY; HARM; BUSINESS INTERRUPTION; LOSS OF USE, DATA, REVENUE OR PROFIT; DOWN TIME OR OTHER LOSSES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT HEADHUNTER OR HEADHUNTER STRINGS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL HEADHUNTER OR HEADHUNTER STRINGS BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY DAMAGE OR LOSS CAUSED BY, RELATING TO OR ARISING OUT OF ANY PERSON’S USE OF THE BOW OR CROSS BOW RATHER THAN USE OF A STRING OR CABLE.
IN NO EVENT SHALL HEADHUNTER OR HEADHUNTER STRING’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE PRODUCT(S) OR THE AGREEMENT TO PURCHASE THE PRODUCT(S), WHETHER RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY THE PURCHASER AND/OR THE APPROVED AFFILIATES, IF ANY, TO HEADHUNTER OR HEADHUNTER STRINGS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR LOSS.
Limitations of Warranty
This Limited Product Warranty is void for damage or liability caused by or relating to Product strands that are cut due to peep sights or cable slides.
Any action against Headhunter or Headhunter Strings based on an alleged breach of this warranty must be brought within one (1) year of the claimed breach.
If any portion of this Limited Product Warranty is held to be invalid, this holding will not invalidate the other Limited Product Warranty provisions. The Purchaser and Headhunter or Headhunter Strings hereby consent and submit to the exclusive jurisdiction of any of the federal or state courts located in the State of Wisconsin with respect to the enforcement of any rights or remedies hereunder.