Terms of service

Limited Warranty & Fitness for Use

 

BY PURCHASING PRODUCTS FROM DESERT LILY BLOOM, LLC (THE “COMPANY”), YOU UNDERSTAND THAT SUCH PRODUCTS ARE WARRANTED SOLELY UNDER THIS LIMITED WARRANTY, AND THAT THERE ARE NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR ANY PURPOSE, CONDITION, DESIGN, CAPACITY, SUITABILITY OR PERFORMANCE OF SUCH PRODUCTS. THE WARRANTY SET FORTH HEREIN REPRESENTS THE SOLE AND EXCLUSIVE REMEDY YOU HAVE AGAINST THE COMPANY RELATING TO THE PURCHASE OR USE OF COMPANY PRODUCTS HEREUNDER.

 

LIMITED WARRANTY

1. INTRODUCTION

This Limited Warranty (this “Limited Warranty”) applies to purchases of products manufactured and/or sold by the Company (collectively, the “Products”). For purposes of this Limited Warranty the “Company” means Desert Lily Bloom, LLC or its successors and assigns.

2. LIMITED WARRANTIES

All Products sold “as is” and “with all faults.” There are no warranties which extend beyond the description on the face hereof.

3. LIMITATIONS ON LIABILITY

a. No Consequential Damages

In no event shall the Company or its Agents or Assigns be liable to you or your assigns for special, indirect, punitive, exemplary, incidental or consequential damages of any nature.

b. Limitation of Duration of Implied Warranties

In the event that any implied warranties, including the implied warranties or fitness for a particular purpose and merchantability, arising under state law that cannot be waived, such warranties shall in no event extend past the expiration of any such warranty under state law.

c. Limit of Liability

Notwithstanding any other provision of this Limited Warranty to the contrary, the Company’s total liability arising out of or relating to this Limited Warranty shall in no event exceed the original cost of the Product(s).

4. DISPUTES AND ARBITRATION.

Any dispute, controversy or claim arising out of or relating to this Limited Warranty, including any claims for breach of contract, breach of fiduciary duty, and/or other claims relating to the provision of the Products, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its applicable rules. By purchasing the Products and agreeing to submit this matter to binding arbitration, You hereby acknowledge, understand and agree to waive Your right to a jury and any rights to appellate relief. Any judgment on the arbitration award rendered by the arbitrator(s) may be entered in any court having jurisdiction. The arbitration proceeding shall be held in Las Vegas, Nevada, Clark County.

5. JURISDICTION.

This Limited Warranty shall in all respects be governed by the laws of the State of Nevada, without giving effect to conflict of laws principles. You hereby agree that the exclusive jurisdiction for any and all disputes with respect to this Agreement shall be the Eighth Judicial District Court in Las Vegas, Clark County, Nevada and that the dispute resolution provision of Section 5 is/are the exclusive method(s) for resolving disputes arising with respect to this Limited Warranty. You hereby irrevocably waive any objection to the venue and to the outlined dispute resolution methods. Further, You irrevocably waive any and all claims that any proceeding has been brought in an inconvenient forum.

 

This Limited Warranty contains the parties’ entire agreement regarding the Limited Warranty of the Products.