Bowery Bargains

Warranty at Bargain Bowery

Our Policy

LIMITED WARRANTY
WARRANTY AND DISCLAIMER. This limited warranty extends to you the original purchaser only with proof of purchase. B.B. warrants that products shall be free from original defects in workmanship and materials for one year from date of purchase, provided the products have been properly handled, stored, installed, serviced, maintained and operated. This warranty shall not apply to products which have been altered or repaired without B.B.’ express authorization, or altered or repaired in any way so as, in B.B.’ judgment, to affect performance or reliability, nor which have been improperly installed or subjected to misuse, negligence, or accident, or incorrectly used in combination with other substances. You assume all risks and liability for results of use of all products.
LIMITATION OF REMEDY AND DAMAGES. All claims under this warranty must be made in writing and delivered by U.S. Mail to:
Bargain Bowery
1827 Pacific Street, Ste 105
Brooklyn, NY 11233
Attn: WARRANTY CLAIMS DEPARTMENT
All product claims must be made within 15 days after discovery of the defect and prior to the expiration of warranty. Claims made beyond that period are barred. Within 30 days after receipt of a timely claim, B.B. shall have the option either to inspect the product at its location or request its return to B.B. at your expense. B.B. shall replace, or at its option repair, free of charge, any product it determines to be defective, and it shall ship the repaired or replacement product to you F.O.B. point of shipment; provided, however, if in B.B.’s judgment circumstances are such to prohibit repair or replacement to remedy the warranted defects, your sole and exclusive remedy shall be a refund of any part of the invoice price, paid to B.B., for the defective product or part.
B.B. is not responsible for the cost of removal of the defective product or part, damages due to removal, or any expenses incurred in shipping the product, or the installation of the repaired or replaced Product or part.
The warranties set forth above do not apply to any components, accessories, parts or attachments manufactured by other manufacturers; such being subject to the manufacturer’s warranty, if any. To the extent not prohibited by the manufacturer’s warranty, B.B. shall pass to you such manufacturer’s warranty.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED AND WAIVED. THIS WARRANTY CONSTITUTES B.B. SOLE AND EXCLUSIVE WARRANTY FOR DEFECTIVE GOODS AND PURCHASER’S SOLE AND EXCLUSIVE REMEDY FOR DEFECTIVE PRODUCTS.
No employee, agent, dealer, or other person is authorized to give any warranties on behalf of B.B. or to assume for it any other liability in connection with any of its products except in writing and signed by an officer of B.B.
LIMITATION OF LIABILITY. B.B.’ cumulative liability to you and any other persons for all claims in any way relating to or arising out of the products, including, but not limited to, any cause of action sounding in contract, tort, or strict liability, shall not exceed the total amount of the purchase price paid for those products which are the subject of any such claim. This limitation of liability is intended to apply without regard to whether other provisions of this agreement have been breached or have proven ineffective even if B.B. has been advised of the possibility of such claims or demands. In no event shall B.B. be liable to you or any other person for any loss of profits or any incidental, special, exemplary, or consequential damages for any claims or demands brought by you or such other persons. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THIS LIMITATION MAY NOT APPLY TO YOU.
B.B.’ maximum liability to you and to any end user is as set forth above. B.B. makes no warranty to anyone for any products not manufactured by it and shall have no liability for any use or installation of any products (whether manufactured by B.B. or other manufacturers) not specifically authorized by this sale. You acknowledge various warnings by B.B. regarding the products and its installation and use. If B.B. incurs any claims, lawsuits, settlements, or expenses (including attorney fees) for any loss, injury, death or property damage including, but not limited to, claims arising out of your or any end user’s installation or use of the products, you agree to indemnify and hold B.B. harmless.
REPLACEMENT PARTS. If replacement parts are ordered, purchaser warrants that the original components in which these replacement parts will be placed are in satisfactory working condition, and when said replacement parts are installed, the resultant installation will operate in a safe manner, at speeds and temperatures for which the original product was purchased.
TECHNICAL ADVICE AND RECOMMENDATIONS, DISCLAIMER. Notwithstanding any past practice or dealings or any custom of the trade, sales shall not include the furnishing of technical advice or assistance or system design. Any such assistance shall be at B.B.’ sole option and may be subject to additional charge(s).
B.B. assumes no obligation or liability on account of any recommendations, opinions or advice as to the choice, installation or use of products. Any such recommendations, opinions or advice are given and shall be accepted at your and the end-user’s risk and shall not constitute any warranty or guarantee of such products or their performance.