For the purposes of this Limited Warranty, BISON means BISON Group Limited (NZCN 5115901).
Manufacturer Warranty Coverage
This manufacturer’s Limited Warranty sets forth the warranty responsibilities of BISON regarding BISON products.
General: BISON warrants to the original purchaser of a new BISON product (“you”), that the BISON product will be free from defects in materials and workmanship under normal use for a period that commences on the date of original purchase by you and continuing for one (1) year from that date (the "General Warranty Period").
Structural: BISON further warrants to the original purchaser of a new BISON product (“you”), that the Structural Steel Components of the BISON product will be free from defects in materials and workmanship under normal use for a period that commences on the date of original purchase by you and continuing for five (5) years (the "Structural Warranty Period"). Structural Steel Components are strictly limited to load bearing structural steel sub-assemblies forming part of a BISON product.
This Limited Warranty is not transferable by you.
During the General Warranty Period and the Structural Warranty Period (each, a "Warranty Period"), if the BISON product is found by BISON to be defective and covered under this Limited Warranty, BISON may, at its absolute and sole discretion:
If the BISON product is repaired or replaced during a Warranty Period, the balance of the applicable Warranty Period (if any) shall apply to the repaired or replacement BISON product.
If you return a BISON product under this Limited Warranty and receive a replacement BISON product, the item you returned becomes BISON’s property and the replacement item becomes your property.
Warranty Exclusions and Limitations
This Limited Warranty does not apply (as determined by BISON in its sole discretion):
This Limited Warranty is a warranty that is limited to physical BISON products and does not cover any BISON software. BISON’s End User Licence Agreement applies to your use of any BISON software. BISON is not responsible for your data. You should back up your data regularly. If a BISON product which is capable of storing data is returned to BISON that data may be deleted by BISON.
How to Return Your BISON Product
To determine if your BISON product requires warranty service and to receive instructions on how to obtain a warranty service for your BISON product, please contact s......@bison-jacks.com.
In order for BISON to verify your warranty claim and to provide a warranty service, you may be required to:
Warranty service options, response times and charges (if applicable) may differ by country, and are determined by BISON in its sole discretion. If your BISON product is returned during the warranty period, but the fault with your BISON product is not covered under this Limited Warranty, terms and charges may apply for any repair or processing performed.
Depending on the country where the BISON product is located: (a) warranty repair or servicing may not be possible; (b) you may be required to agree to terms and/or to pay certain costs (including, but not limited to, shipping and handling costs); (c) the warranty repair or service, if possible, may take longer than normal to complete; and/or (d) the warranty repair or service may be performed by a BISON authorized servicer.
Except to the extent that BISON is expressly prohibited by law from limiting or excluding your remedies in relation to your BISON product, this Limited Warranty sets out your exclusive remedies for your BISON product and any other warranties, conditions, representations or guarantees of any kind, either express or implied, including but not limited to implied warranties of merchantability, satisfactory quality and/or fitness for a particular purpose are hereby disclaimed and shall not apply or have any affect.
Limitation of Liability
Except to the extent that BISON is expressly prohibited by applicable law, in no event shall BISON or anyone acting on behalf of or with BISON (including, without limitation, in relation to the manufacture, supply, distribution, sale, repair or return of the BISON product) be liable for any indirect, incidental, special, punitive, exemplary or consequential loss or damages whatsoever (including, without limitation, damages for loss of profits, business interruption or the loss of the use of the BISON product or the cost of replacing the BISON product, loss or corruption of information (including data), lost savings, damage to or loss of any of your or a third party’s possessions associated with or related to the use of the BISON product, or other economic or pecuniary losses), or any third party claims arising out of the use of or inability to use the BISON product, even if BISON or anyone acting on behalf of or with BISON has been advised of the possibility of such damages.
This limitation is intended to apply and does apply without regard to whether such damages are claimed, asserted or brought in an action or claim in tort, contract, on the warranty, or under any other legal basis.
The liability of BISON and anyone acting on behalf of or with BISON to you for loss or damage arising under this Limited Warranty shall not exceed in aggregate the net purchase price you paid for the BISON product, or the cost of replacing the affected BISON product, whichever is greater.
The foregoing shall not in any way restrict any liability in relation to death or bodily injury or statutory liability for intentional and gross negligent acts or omissions to the extent that an exclusion or limitation on such liability is prohibited by an applicable law.
This Limited Warranty is governed by the law of New Zealand and, subject to Dispute Resolution/Arbitration section below, any disputes shall be subject to the exclusive jurisdiction of the ordinary courts of Dunedin, New Zealand. Notwithstanding the foregoing, BISON retains the right to bring legal action against you before any other competent court.
Any disagreement or dispute arising out of or relating to this Limited Warranty shall be settled by final and binding arbitration:
No dispute between the parties, or involving any person but you, may be joined or combined together, without the prior written consent of BISON.
If the BISON products are located in Europe, Middle East, or Africa, you consent to arbitration located in London, England. If the BISON products are located in Asia, you consent to arbitration located in Singapore. If the BISON products are located in North America or South America, you consent to arbitration located in New York city, New York, USA.
This may include: (a) obtaining your information from the service providers and distributors involved in the chain of custody of the BISON product upon which warranty services are performed, and (b) transferring your information and the BISON product to BISON affiliates or BISON’s service providers.
If there is any conflict between this Limited Warranty and any other warranty provided to you including, without limitation, in the packaging of the BISON product, the provisions of this Limited Warranty shall be applied by BISON to the extent of such conflict. If any term, provision or subsection of this Limited Warranty is held to be void, illegal or unenforceable, the validity or enforceability of the remainder of such term, provision or subsection and this Limited Warranty will not be affected.