1. Use of Wellbox. Buyer agrees to use the Wellbox only in accordance with the manufacturer’s instructions and recommendations. Buyer further agrees to use the Wellbox for personal, family or household use only and not for any commercial purpose.
2. Returns. Seller guarantees full satisfaction of its products. If Buyer is not happy with the purchase, Buyer may return the Wellbox, undamaged, at buyer’s expense for a refund of the purchase price, less a 15% restocking fee, at any time within 30 days of the date of original purchase. No return merchandise authorization is required. Returns will only be accepted with all original packaging material and a copy of the original sales receipt. Returns of the Wellbox without the original packaging and the sales receipt will be rejected and no refund will be payable. Returns must be shipped back freight prepaid to the following address:
Balkowitsch Enterprises, Inc.
4419 Centurion Dr.
Bismarck, ND 58504 USA
(800)355-2956 U.S. Toll Free
3. Shipping Damage. When the delivering carrier brings you your Wellbox order, please inspect for any notice- able damage. If you see any visible damage to the Wellbox you must note that on the freight bill where appropriate. Neither Seller nor the freight carrier can be held responsible for damages if you do not note them on your freight bill. All shipping damage claims must be filed with the freight carrier.
4. Manufacturer's Warranty. Buyer acknowledges and agrees that the only warranty on the Wellbox is the one made by the manufacturer; however, warranty service is provided by Seller.
5. Warranty Service. In the event the Wellbox purchased by buyer requires servicing covered by the manufacturer's warranty, buyer shall provide a receipt of purchase from an authorized retailer displaying the Company name, date of purchase, and purchase amount. Once the document has been provided, Wellbox will issue a FedEx shipping return label for the defective part to be sent to the repair center. Provided the defect with the Wellbox is covered by the manufacturer’s warranty, the Seller will be responsible for all shipping charges incurred in connection with shipping the Wellbox to Seller and back to Buyer after the warranty service is performed. The Buyer acknowledges and agrees that the decision to repair or replace the Wellbox will be at the sole discretion of Manufacturer. In the event Manufacturer determines the defect with the Wellbox is not covered by the manufacturer’s warranty, buyer will be notified and shall be responsible for the cost of repair and all shipping charges.
6. Limited Warranty on Repairs. Seller warrants that the repairs and services it performs on the Wellbox will be free from defects in materials or workmanship under conditions of normal consumer use for a period equal to the greater of (a) the days remaining, if any, on the manufacturer’s warranty and (b) ninety (90) days from the date of the repair. Seller will repair or replace at its option all defects covered by this limited warranty free of charge. This warranty does not cover any defects resulting from abuse, misuse, use inconsistent with manufacturer’s instructions or recommendations, commercial use or re-use, accidents, gross negligence or intentional misconduct, improper maintenance, power surges or outages, forces of nature.
7. Disclaimer of Warranties. Seller makes no other warranties, express or implied with respect to the Wellbox purchased by buyer, including without limitation, warranties of fitness and merchantability, and all such warranties are expressly disclaimed.
8. Limitation of Liability. Seller shall not be liable for any indirect, incidental, consequential, exemplary or special damages, including, without limitation, loss of use, loss of time and inconvenience, resulting from the use or lack of use of the Wellbox or any products supplied with the Wellbox or arising out of any breach of seller’s limited warranty. The sole obligation of seller (and the sole and exclusive remedy of the buyer) hereunder is expressly limited to the repair or replacement of the defective Wellbox.
9. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 7 and 8 may not apply to buyer.