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LIMITED WARRANTY
BLUE PENGUIN® stands behind the quality of the FREEZE MISER® and hope you’re happy with the product. The FREEZE MISER® is warranted against defects in materials and workmanship with a 2-year guarantee. See below for details.
The FREEZE MISER® is warranted to the original owner against manufacturing defects in materials and workmanship for a 2-year warranty. If your FREEZE MISER®, covered by this warranty, fails due to a manufacturing defect we will replace it, at our discretion. Only unaltered and unmodified FREEZE MISER® products are covered. This warranty does not cover damage caused by accident, improper care, negligence, normal wear and tear, or the natural breakdown of colors and materials over extended time and use.
For warranty evaluation of your FREEZE MISER® contact BLUE PENGUIN® directly by phone, (830) 639-4060 or by e-mail, info@freezemiser.com.
Disclaimer of Warranties
BLUE PENGUIN® IS NOT RESPONSIBLE BEYOND THE REPLACEMENT OF THE FREEZE MISER® FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON INCLUDING DAMAGE RESULTING FROM A DEFECTIVE FREEZE MISER® PRODUCT. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE FREEZE MISER® IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL BLUE PENGUIN® OR ITS OWNERS, AGENTS, OR ASSOCIATES BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF A DEFECTIVE FREEZE MISER® OR THE USE OR INABILITY TO USE THE FREEZE MISER®, FOR MORE THAN A REPLACEMENT (AT THE DISCRETION OF BLUE PENGUIN®) OF THE FREEZE MISER® PRODUCT.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations on the duration of the warranty may not apply to you. This warranty gives you specific legal rights; you may have other rights, which vary from state to state.
This Warranty shall be construed according to its fair meaning and not for or against either party. It may be amended at any time by BLUE PENGUIN® and shall be governed and interpreted under Texas law. Any dispute between the parties will be resolved by binding arbitration in San Antonio, Texas, in accordance with the rules of the American Arbitration Association, the arbitrator’s award to be entered as a judgment. If any provision is held unenforceable, that provision shall be construed to be effective only to the extent it is enforceable.