RamKoh, Inc. ("RamKoh"), will repair or replace, at its discretion, any damaged Port-A-Bench, that has failed under normal use, reasonable wear and tear excepted, for three (3) years* from date of original purchase. RamKoh does not warrant the Port-A-Bench if it has been subjected to misuse, accident, overloading, improper maintenance, service adjustments, improper actions by someone other than RamKoh, alterations, modifications and/or replacements. RamKoh warrants that the Port-A-Bench will conform to the label description and RamKoh makes no further REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER CONCERNING THE PORT-A-BENCH, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH EXTENDS BEYOND LABEL DESCRIPTION ON PORT-A-BENCH TAGS. THE WARRANTIES STATED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER ORAL, WRITTEN, IMPLIED, EXPRESSED, STATUTORY, OR ARISING BY LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO PORT-A-BENCH, WHETHER THE PORT-A-BENCH IS USED ALONE OR IN COMBINATION WITH OTHER SUBSTANCES OR DEVICES.
II. LIMITATION OF REMEDIES AND LIABILITY
RamKoh and Buyer agree that Buyer's sole and exclusive remedy against RamKoh shall be for the replacement or repair, at RamKoh's discretion, of any Port-A-Bench that has failed under normal use, reasonable wear and tear excepted, without charge by RamKoh. IT IS UNDERSTOOD AND AGREED THAT RAMKOH'S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER FOR ANY PORT-A-BENCH AND UNDER NO CIRCUMSTANCES SHALL RAMKOH BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. THE PRICE STATED FOR THE PURCHASED PORT-A-BENCH IS A CONSIDERATION IN LIMITING RAMKOH’S LIABILITY.
Any dispute, controversy, cause of action and/or claim arising out of or related to this Limited Warranty or the Port-A-Bench product, or the invoice evidencing purchase of the Port-A-Bench product, shall be governed by the laws of the State of Ohio applicable to contracts formed and performed wholly within such State, without giving effect to the conflicts of law provisions thereof. All suits arising from or concerning this Invoice shall be filed in the District Court of Cuyahoga County, Cleveland, and in no other place. Buyer hereby consents to the jurisdiction of such court or courts and agrees to appear in any action upon written notice thereof. If RamKoh prevails in any claim, action, or proceeding arising out of or relating to this Limited Warranty, or the Port-A-Bench product, or the invoice evidencing purchase of the Port-A-Bench product, or any appeal thereof, then RamKoh shall be awarded its costs and expenses, including, but not limited to, reasonable attorneys' fees.
III. WARNINGS AND GUIDELINES
Please read carefully and follow these guidelines. Also, read the WARNING statement embossed on the back of either of your Port-A-Bench’s backrests.
Failure to completely follow these guidelines and WARNING statement embossed on backrests of Port-A-Bench could damage your Port-A-Bench, cause personal injury and void your warranty.
Thank you for purchasing your Port-A-Bench. Built to Last and made in the USA. We appreciate your business.
Port-A-Bench™ is protected under US Patent No. 7,497,514 and a trademark of RAMKOH, INC.
* Three (3) year warranty DOES NOT APPLY to benches purchased for commercial use.