TERMS & CONDITIONS FOR ONLINE OFFERS TO PURCHASE
Please read all of these terms and conditions (“Terms”) carefully before submitting your order for a CocoTerra Company chocolate maker and any accessories or ingredients (each, a “Product”). By submitting your order to CocoTerra Company (“CocoTerra,” “we,” “us,” “our”), you agree to be legally bound by the Terms set forth herein.
As explained in these Terms in more detail:
- These Terms provide that all disputes related to these Terms will be resolved by BINDING ARBITRATION. YOU AGREE TO WAIVE YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement in Section 18 for the details regarding your agreement to arbitrate any disputes arising under these Terms.
- By submitting your order, you are offering to purchase Product from us. We may reject your offer and refund all amounts paid by you.
- Order and Acceptance. Each order you submit for a Product constitutes an offer to purchase that Product. Orders are subject to CocoTerra’s acceptance and may be rejected at any time and for any reason at CocoTerra’s discretion. If CocoTerra rejects your offer, CocoTerra will, as your sole and exclusive remedy and CocoTerra’s sole and exclusive liability, refund the amount you paid as described in Section 4. Once your Products are ready to ship, CocoTerra will send you an email to the address provided by you to indicate your order has been accepted and you will be required to pay any outstanding fees for shipment or taxes. If you have any questions, comments, or concerns regarding CocoTerra’s order acceptance policy, or if you believe that your order was rejected in error, please contact CocoTerra Support. If you do not provide confirmation of your shipping information within 30 days of CocoTerra’s request, CocoTerra may, at its sole discretion, cancel your order and refund the amount you paid (less any transaction fees) or continue to attempt to contact you. CocoTerra will make reasonable efforts to contact you to provide a refund after that 30-day period, but if CocoTerra does not receive a response from you within 90 days of CocoTerra’s confirmation of your order, or if CocoTerra is not able to process your refund after that 30-day period for any reason, then CocoTerra will treat the amount that you paid as unclaimed property in accordance with applicable law.
- Eligibility. You must be at least 18 years old to offer to purchase a Product. By offering to purchase a Product and therefore agreeing to these Terms, you represent and warrant to us that you are at least 18 years old. If you are offering to purchase a Product on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
- Payment. In order for your offer to be eligible for CocoTerra’s acceptance, you must pay the amount for the Product selected by you as set forth on the CocoTerra store by credit card, or any other designated payment method. Payment does not guarantee acceptance of your order.
- Specifications; refunds prior to shipment. We want you to be totally happy with the Product, but please be aware that the specifications for the Products may change prior to shipping. If you submit a valid refund request before we accept your order, using our refund request form, we will process it not later than 45 days following submission of your request, and we will refund the amount you paid (less any processing fees). Once we have accepted your offer to purchase, the policy in the immediately preceding sentence no longer applies. Instead, CocoTerra’s Return Policy and Limited Warranty will apply.
- Shipping and Delay. To the extent possible, we will provide an estimated shipping date on our website at the time you purchase your product. However, you understand that some of our Products are made to order and as a consequence, shipping information may not be available for these Products at the time of purchase. Actual shipping will depend on a variety of factors including the unprecedented nature of COVID-19, our manufacturing schedule, the date of your order, your completed payment of shipping fees and taxes, and when we accept your completed order. You will be required to pay all shipping charges for the location of the address you provide at the time of delivery. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction.
- Taxes. Sales tax, import duties and international taxes for your region or country will either (a) be applied to the price of the goods as displayed on the website and prepaid by you; or (b) specified as your responsibility at the time of your offer to purchase for your destination country. Please check with your state and country’s customs office to determine what these additional costs will be prior to completing your order. If you have already placed an order and discovered that such taxes make your order untenable for you, please use our refund request form available online to rescind your order, and we will refund the amount you paid in connection with your order.
- Export Control. You acknowledge that Products may be subject to export control laws and other laws and regulations of the United States and other countries, and that if CocoTerra ships a Product to you, the Product may be impounded or otherwise confiscated by customs or other authorities. You are responsible for compliance with all applicable export control laws and regulations. You represent that you will not export, re-export, or transfer indirectly or directly any Product outside of the United States without obtaining proper authorization from the applicable government agencies. Without limiting the immediately preceding sentence, you will not export, re-export, or transfer directly or indirectly any Product to: (i) an embargoed/terrorist supporting country, including Cuba, Iran, North Korea, Syria, Sudan, or any other such country as determined by the US government; (ii) a person or entity barred by the US Government on export activity lists, including persons or entities on the Treasury Department Specially Designated National List, Entities List, and Denied Persons List; or (iii) any destination for an end use that is prohibited by applicable law. You will defend and hold CocoTerra harmless against all claims, damages, or liability resulting from breach of the foregoing.
- Limited Warranty and Disclaimer. By placing your order you acknowledge and agree that you have reviewed the CocoTerra limited warranty for the Product you offered to purchase, and that you accept that limited warranty. EXCEPT AS MAY BE EXPRESSLY PROVIDED BY COCOTERRA’S LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT GUARANTEED WARRANTY OF ANY KIND, AND COCOTERRA HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. COCOTERRA DOES NOT WARRANT THAT USE OF ANY PRODUCT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. COCOTERRA DOES NOT WARRANT THAT ANY PRODUCT COMPLIES WITH ALL APPLICABLE LAWS OR REGULATIONS IN ANY PARTICULAR JURISDICTION. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE PRODUCT.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL COCOTERRA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE ANY PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COCOTERRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF COCOTERRA, ITS AFFILIATES AND SUPPLIERS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE A PRODUCT EXCEED THE AMOUNT PAID BY YOU TO COCOTERRA FOR THE PRODUCT RELATED TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. These limitations will apply even if the above stated remedy fails of its essential purpose. Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties.
- Indemnity. You alone are responsible for the manner in which you use the Product. You shall defend, indemnify and hold harmless CocoTerra and its officers, directors, employees, agents, affiliates, and suppliers (“Indemnities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your use of, or alleged use of, any Product; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
- Force Majeure. If CocoTerra accepts your offer to purchase a Product, CocoTerra will not be liable to you for any delay, including any delay due to an event beyond CocoTerra’s reasonable control, such as an act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of CocoTerra’s control.
- Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order for your order to remain valid. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
- Controlling Law and Severability. These Terms will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect.
- Generally. In the interest of resolving disputes between you and CocoTerra in the most expedient and cost effective manner, you and CocoTerra agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COCOTERRA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Exceptions. Despite the provisions of Section 17(f), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and CocoTerra will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting CocoTerra.
- Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). CocoTerra’s address for Notice is: CocoTerra Company, 1381 Forest Ave, Palo Alto, CA 94301, USA. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or CocoTerra may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or CocoTerra must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, CocoTerra will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by CocoTerra in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
- Fees. If you commence arbitration in accordance with these Terms, CocoTerra will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Santa Clara County, California, USA, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse CocoTerra for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. YOU AND COCOTERRA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CocoTerra agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. If CocoTerra makes any future change to this arbitration provision, other than a change to CocoTerra’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to CocoTerra’s address for Notice, in which case your account with CocoTerra will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
- Enforceability. If Section 17(f) is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 18 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described below will govern any action arising out of or related to these Terms.
- Contact Information. You may contact us by sending correspondence to CocoTerra Support.
CocoTerra Company (“CocoTerra,” “we,” “us,” “our”) is the operator of cocoterra.com and associated web pages, CocoTerra mobile applications, appliance, and web services operated by CocoTerra or its partners, and collectively we refer to these as the “CocoTerra Sites”. By placing an offer to purchase a CocoTerra Company chocolate maker or any accessories or ingredients (each, a “Product”) through these CocoTerra Sites, you will be agreeing to the terms below. These are provided to ensure both parties are aware of and agree upon this arrangement to mutually protect and set expectations on our service.
- General. We’ll attempt to provide you with an estimated date of shipment at the time you make your purchase. However, you understand that some of our Products are made to order and as a consequence, shipping information may not be available for these Products at the time of purchase. For such Products, we will provide you with periodic updates on the status of their shipment.
- Shipping Costs. Shipping costs are calculated during checkout based on weight, dimensions and destination of the items ordered. Payment for shipping will be collected at the time you place your offer to purchase. This will be your final shipping cost unless you change your ship-to address prior to delivery.
- Returns. CocoTerra Products that are eligible for a return, must be returned to us in the same condition as received, with all labels still applied, and in its original packaging. Learn more about our Return Policy.
- Delivery Terms
- Transit Time Domestically. In general, domestic shipments are in transit for 5-10 days once we have received your Product in our 3rd party logistics facility. Note that your actual delivery date is based on the date specified at the time you place your order.
- Transit Time Internationally. Generally, orders shipped internationally are in transit for 10-22 days once we have received your Product in our 3rd party logistics facility. Note that your actual delivery date is based on the date specified at the time you place your offer to purchase.
- Dispatch Time. Dispatch time depends on our manufacturing schedule and an estimated dispatch time will be provided to you at the time you make your purchase.
- Change of Delivery Address. For change of delivery address requests, we are able to accommodate change of address requests any time before the order has been dispatched.
- P.O. Box and Military Address Shipping. CocoTerra is unable to ship to P.O. box addresses or military addresses.
- Items Out Of Stock. If an item is out of stock, we will dispatch the in-stock item(s) immediately and send the remaining item(s) once ready for delivery.
- Delivery Time Exceeded. If delivery time has exceeded the forecasted arrival, please contact CocoTerra Support so we can conduct an investigation.
- Tracking Notifications. Upon dispatch, customers will receive a tracking link to follow the progress of their shipment based on the latest updates made available by the shipping provider.
- Parcels Damaged In Transit. If you find a parcel is damaged in transit, if possible, please reject the parcel from the courier and get in touch with CocoTerra customer service. If the parcel has been delivered without you being present, please contact CocoTerra Support for next steps.
- Duties & Taxes. Sales tax, import duties and international taxes for your region or country will either (a) be applied to the price of the goods as displayed on the website and prepaid by you; or (b) specified as your responsibility at the time of your offer to purchase for your destination country.
- Cancellations. We are able to accept cancellations up to 30 days after your order has been placed in accordance with our terms and conditions for online purchase. If an order has already been dispatched, please refer to our Return Policy.
- Insurance. Parcels are insured for loss and damage up to the value as stated by the courier. We will process a refund or replacement after the courier has completed their investigation into the claim if your Products are damaged in transit. We will process a refund or replacement after the courier has conducted an investigation and deemed the parcel lost.
- Customer service. For all customer service enquiries, please contact CocoTerra Support.
CocoTerra has a 30-day return policy, which means you have 30 days after receiving your CocoTerra Company chocolate maker or any accessories ordered by you (each, a “Product”) to request a return. To be eligible for a return, your Products must be returned to us in the same condition as received, with all labels still applied, and in its original packaging. You’ll also need the receipt or proof of purchase.
All sales of ingredients are final and returns will not be accepted.
To start a return, complete our Return Request form. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Products sent back to us without first requesting a return will not be accepted.
- Damages and issues. Please inspect your order upon reception and contact CocoTerra Support immediately if a Product is defective, damaged or if you receive the wrong Product, so that we can evaluate the issue.
- Refunds. We will notify you once we’ve received and inspected the Product returned by you, and let you know if the refund was approved or not. CocoTerra will refund the value of the returned Product but will NOT refund the value of any shipping paid. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.
COCOTERRA LIMITED WARRANTY
CocoTerra Company (“CocoTerra”) provides the following Limited Warranty for its CocoTerra Company chocolate maker (“Product”)If you require additional information about warranty or service contracts for any other type of use case, please contact CocoTerra Support.
Any use of a Product other than as instructed by CocoTerra will void this Limited Warranty. During the applicable Limited Warranty periods described below, the covered components of the Product shall be free of defects or malfunctions during normal use, subject to any exclusion described in this Limited Warranty.
The Limited Warranty applies only against defects discovered within the applicable Limited Warranty period and only so long as the Product remains in the possession of the original purchaser, or, for a gifted Product, the owner of the original digital account attached to that Product.
CocoTerra warrants the components and all original parts of the Product against defects in workmanship and materials for a period of 12 months from the date of original delivery. The Limited Warranty does not extend to normal wear and tear or cosmetic degradation and it is important that you maintain the Product according to our recommended care instructions. Please refer to CocoTerra’s guide on maintaining your Product available via CocoTerra Support.
Exclusions and Limitations
Who and what is covered:
The Product must remain in the possession of the original purchaser, or, for a gifted Product, the owner of the original digital account attached to that Product. This Limited Warranty is not transferable. If a defect arises in the Product or a warranted component within the applicable Limited Warranty period, the purchaser’s sole and exclusive remedy is for CocoTerra to, at CocoTerra’s discretion to the extent permitted by law, either replace or repair the defective or malfunctioning Product or component with the same or a comparable model. Any replacement or repaired component shall be warranted for the remainder of the original Limited Warranty period or 30 days, whichever is longer, or for any additional period that is required by applicable law.
What is NOT covered:
- Any CocoTerra products or services other than the Product, non-CocoTerra products or labor, units that are, or that CocoTerra reasonably believes to be, stolen, counterfeit, or purchased from an unauthorized distributor or reseller, units purchased or used outside the U.S. or Canada, and units missing serial numbers, software, even if sold with or embedded in the Product, or Internet connectivity;
- Damage or failure due to normal wear and tear, improper or negligent handling, commercial use, maintenance, installation, relocation, or repair (other than that caused by a CocoTerra authorized service technician), use of the Product with ingredients, parts or accessories from third parties, or with parts or accessories not originally intended for or compatible with the Product, or any use contrary to the instructions provided by CocoTerra;
- Damage or failure due to any kind of accident, abuse, improper or abnormal use, neglect, corrosion, discoloration of paint or plastic (or any other change in cosmetic appearance that does not affect performance), theft, vandalism, fire, flood, wind, lightning, freezing or other natural disasters or acts of God of any kind, electrical wiring, power reduction, power fluctuation or power failure from whatever cause, unusual atmospheric conditions, collision, introduction of foreign objects, or modifications that are unauthorized or not recommended by CocoTerra;
- COCOTERRA IS NOT RESPONSIBLE OR LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ECONOMIC LOSS, LOSS OF PROPERTY OR PROFITS, LOSS OF ENJOYMENT OR USE, OR OTHER CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER IN CONNECTION WITH THE PURCHASE, USE, REPAIR OR MAINTENANCE OF EQUIPMENT OR PARTS. COCOTERRA DOES NOT PROVIDE MONETARY OR OTHER COMPENSATION FOR ANY SUCH REPAIRS OR REPLACEMENT PARTS COSTS, INCLUDING BUT NOT LIMITED TO ADVERTISING FEES, WORK TIME LOST, COST OF SUBSTITUTE EQUIPMENT, DIAGNOSTIC VISITS, MAINTENANCE VISITS OR TRANSPORTATION;
- Any misuse, modification or attempt to repair a Product creates a risk of injury and property damage. CocoTerra is not responsible or liable for any damage or injury incurred during, or as a result of, any misuse, modification, repair or attempted repair of equipment by anyone other than a CocoTerra authorized service technician. All repairs attempted by you or any other person at your request are undertaken AT YOUR OWN RISK and CocoTerra shall have no liability for any injury to person or property arising from such attempted repairs; and
Where permitted by law, replacement units, parts and electronic components reconditioned to as-new condition by CocoTerra or its vendors may sometimes be supplied as warranty replacement and constitute fulfillment of warranty terms.
How to Obtain a Warranty Service
To be eligible for service under this Limited Warranty you must contact CocoTerra Support upon discovering any nonconformity or defect. You will be asked to provide CocoTerra with the serial number of your Product and the dated receipt, or other proof of purchase indicating the date of purchase of the Product associated with the claim. Claims must be made within the specified warranty period.
THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY COCOTERRA AND SUPERSEDES ANY PRIOR, CONTRARY OR ADDITIONAL REPRESENTATIONS, UNLESS OTHERWISE PROVIDED IN SUCH OTHER REPRESENTATIONS. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY STATUTORY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED, EXCEPT TO THE EXTENT PROHIBITED BY LAW. THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE PRODUCT WILL MEET YOUR EXPECTATIONS. THIS EXCLUSION APPLIES EVEN IF THIS WARRANTY FAILS OF ITS ESSENTIAL PURPOSES AND REGARDLESS OF WHETHER DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY IN TORT OR UNDER ANY OTHER LEGAL THEORY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
Last Updated: March 15, 2021