Warranty Policy Details

FLEX CUTTER WARRANTY POLICY

DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES: THIS WARRANTY IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, WHETHER EXPRESSED BY AFFIRMATION, PROMISE, DESCRIPTION, MODEL OR SAMPLE, AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.

BUYER HEREBY WAIVES ALL OTHER WARRANTIES OR OBLIGATIONS OF THE SELLER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS SOLD WHETHER OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY, OR OTHERWISE, EXCEPT AS EXPRESSLY SET FORTH HEREIN. THE GOODS SOLD UNDER THIS AGREEMENT ARE PURCHASED BY BUYER “AS IS” OR “WITH ALL FAULTS.”

The sales staff of the Seller may have shown samples or made verbal statements about the Equipment or components described in this Agreement. Such samples and statements do not constitute warranties, and Buyer shall not rely upon such samples and statements as part of this limited warranty. The entire limited warranty is embodied in this writing. This writing is both the final expression and intention of the Seller and Buyer and a complete and exclusive statement of the Agreement between the parties regarding the warranty of the Equipment.

Warranty for Materials: Seller warrants for a period of 12 (twelve) months in accordance with restrictions detailed below, from the effective date (date of the delivery of the Equipment) its Equipment to be free from defects in material, [Except Parts Subject to Wear and Tear listed below], provided the Equipment is utilized in conformance with the written instructions pertaining to its use and under conditions as permitted by the specifications of the Equipment. Remedy of the Buyer for breach of this limited warranty shall be limited to repair or replacement of any defective part according to the terms of this Agreement. This limited warranty does not extend to repair or replacement made necessary by misuse, abuse, negligence or willful acts of the Buyer, either during transportation or installation or operation. This limited warranty may be void, at the option of Seller, if Buyer installs or replaces spare parts other than those approved by Seller; or uses a contaminated air source containing moisture oil or debris; or uses a technician service not approved by Seller or without the guidance of a technician of Seller’s technical support system. In addition, this limited warranty does not extend to repair or replacement of parts and/or service made necessary due to ordinary wear and tear, general adjustments and maintenance.

Should Buyer require the attendance of a technician from Seller to solve a technical problem under the 1-YEAR standard period of warranty, 1-YEAR extended period or after the warranty period, the support will be performed by manuals, videos, email or direct chat. Labor fees could apply if the service must be performed after the warranty period. Buyer must report all technical problems via electronic mail. If Buyer wishes to receive technical support from a Seller’s technician, then Buyer must communicate any technical problem via electronic mail. Failure to submit a technical problem through electronic mail will result in the Seller having no obligation to assist the Buyer.

The buyer also has the option to send the whole damaged cutter to our La Puente, CA warehouse to be repaired during the warranty period with no cost of labor, just must pay the round shipping service

using the carrier of your preference. The machine must arrive complete, and correctly packed to avoid physical damages during the trip (no need to include the stand, basket, or accessories), and use the original packing cardboard box, or another one with similar dimensions, and rigidity.

No Warranty: Seller does not provide a warranty for damages consequential of the formation of electrical sparks. In addition the warranty does not cover: (A) Problems arising from the use of contaminated air or water source, defects resulting from alterations subsequent to delivery; (B) defects resulting from use for other than the intended purpose; (C) defects resulting from fire, explosion, water, earthquake, windstorm, hail, tornado, or other weather condition or from accident, vandalism, or act of God; (D) problems arising due to failure of Buyer to attend training; (E) problems arising due to Buyer leaving the Equipment running without supervision; and (F) defects arising from neglect or abuse. Neglect includes but is not limited to: (A) use of contaminated air, pollution, inadequate or lack of preventive maintenance or excessive effort of the Equipment; (B) improper storage or failure to protect from climatic elements or vandalism; (C) exposure to extreme temperatures, high and low, and use of the Equipment under high humidity condition of the environment; (D) accident, collision or other physical mishap or abuse, whether by Buyer or other party. (E) Electrical fluctuation caused from irregular power surges, brownouts or lightning or improper electrical current or failure in the electrical ground system.

Warranty Obligations are Subject to the Following Conditions: Any part found by Seller to be defective in material or workmanship within the stated warranty period will be replaced or repaired at Seller’s option without charge. Before any part can be accepted for repair or replacement, the Buyer has to obtain a written authorization from Seller to send the defective part to Flex Cutter warehouse location. In the case of a spare part to be sent out to Buyer prior to Seller receiving the defective part or fix it, prior payment of the cost of the part, plus freight, must be paid by Buyer. Upon return of the defective part, by Buyer, if it is deemed that the part was not damaged by Buyer but failed, then the Seller will replace or repair the part. Shipping charges should always be paid by buyer.

Seller does not warrant failure of parts or components resulting from misuse or lack of proper maintenance or improper maintenance of the Equipment. Incorrect electrical supply can cause severe damage to the Equipment and manipulate the setting parameters of its configuration and can cause the loss of good performance of the Equipment; damage from the electrical source is not covered under warranty. Installation, inspection, and maintenance costs are the sole responsibility of the Buyer.

Buyer must install the Equipment using the following minimum requirements:

(A) The Buyer shall install the Equipment in accordance with the Equipment’s manual but in no event less than the standards set forth in this Agreement.

(B) The Buyer shall install the Equipment in a controlled environment of temperature and humidity, in accordance with the Equipment’s manual.

If Buyer fails to install the Equipment following these minimum specifications, then Buyer has VOIDED any and all warranties offered herein by Seller and RELEASES the Seller from any and all liability for any accident or damages suffered by any person handling and working with the equipment.

NO LIABILITY FOR DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,

WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS EQUIPMENT, EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE SELLER’S AND ITS SUPPLIERS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY BUYER FOR THE EQUIPMENT.

THERE SHALL BE NO REMEDY TO BUYER FOR CONSEQUENTIAL DAMAGES OR OTHER ECONOMIC LOSS:

Limitation of Liability: Seller shall not be liable for any (1) special, indirect, incidental, punitive, or consequential damages, including, without limitation, loss of profits, arising from or related in any way to the operation or use of the equipment, including such damages, without limitation, as damages arising from loss of revenue or profits, failure to realize savings or other benefits, damage to person, even if Seller had advised, or not, to Buyer of the possibility of such damages; (2) Damages (regardless of their nature) for any delay or failure by Seller to perform its obligations under this agreement due to any cause beyond its reasonable control; (3) Returns, in the case of a Seller authorized return, the item will be subject to no less than a 20% restock fee and is the sole discretion of Seller to refund any monetary consideration. (4) Warranty claims, regardless of form, made against Seller more than one (1) year after any such right to warranty claim first arose. Notwithstanding any other provision of this agreement, the liabilities of Seller under this agreement shall not be greater than the amounts actually received by Seller as net profit pursuant to this agreement.

In any event Seller shall not be liable for consequential, incidental, reliance, or special damages proximately caused by the goods sold, including, without limitation, loss of profits or injury to any person or entity.

Components Repair or Replace: Repair or replacement, at the Seller’s option, as provided, is the sole and exclusive remedy of the Buyer. The sole purpose of this stipulated exclusive remedy is to provide the Buyer with repair or replacement as provided of defective components in the manner provided in the limited warranty in this Agreement. This exclusive remedy will not be deemed to have failed of its essential purpose as long as Seller is willing and able to repair or replace defective components with due diligence.

Training: Seller offers Buyer training on the equipment purchased in this Agreement. Seller will provide, at no charge a web link with the instructive videos, assembly guide, and software manual.

Entire Agreement: This writing is intended by the Parties to be the final intent and expression of their agreement concerning the matters contained in this Agreement, and is also intended as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the Parties and no usage of the trade are relevant to supplement or explain any term used in this contract. Acceptance or acquiescence in a course of performance rendered under this Agreement will not be relevant to determine the meaning of this contract even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code (“UCC”) is used in this Agreement, the definition contained in the UCC will control. This Agreement constitutes the entire agreement between Seller and Buyer and there are no other representations, warranties, covenants or obligations, except as set forth in this Agreement. This Agreement supersedes all prior and contemporaneous agreements, understandings, negotiations

and discussions, written or oral, of Seller and Buyer, relating to any transaction contemplated in this Agreement.

 Authority of Seller’s Agents: No agent, employee, or representative of Seller has any authority to bind Seller to any affirmation, representation, or warranty concerning the goods sold under this contract, and unless an affirmation, representation, or warranty made by an agent, employee, or representative is specifically included within this written contract, it has not constituted a part of the basis of this bargain and shall not in any way be enforceable.

Waiver: No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.

Assignment: This limited warranty extends only to Buyer and may not be sold, assigned, conveyed or otherwise transferred in whole or in part by operation of law or otherwise, to any person, firm, corporation or entity without the express prior written consent of an authorized agent (President or other corporate officer) of Seller.

Notice: Buyer shall make any claim made under this Limited Warranty to Seller by written Notice, within thirty (15) days from the date when such warranty claims first arose. The Parties shall deliver any notices, requests, demands, or other communications hereunder in writing and any notice, request, demand, or other communication shall be deemed to have been duly given when personally delivered or when mailed by United States Registered or Certified Mail, Return Receipt Requested, postage pre-paid, to the names and addresses set forth at the first page of this Agreement.

Venue: In the event of any controversy or claim arising out of or relating to this Agreement or the breach thereof, and a suit, action or proceeding is instituted by reason thereof, then such suit, action or proceeding shall be brought in the Superior Court Jurisdiction for Longwood, Seminole County State of Florida in a Court of competent jurisdiction, which Court shall have jurisdiction over such suit, action or proceeding. Each Party to this Agreement consents to the exclusive jurisdiction of the Superior Court of Florida, County of Seminole, in the City of Longwood, for all legal actions and proceedings arising out of or relating to this Agreement.

Applicable Law: The laws of the State of Florida govern all matters arising out of or relating to this Agreement, including without limitation, its validity, interpretation, construction, performance and enforcement.

Amendments: This Agreement may be amended, modified or rescinded only in writing, executed by both parties, and an authorized representative (President or other corporate officer) of Seller.

Partial Invalidity: If any provision of this Agreement shall for any reason be held invalid or unenforceable by any Court, governmental agency or arbitrator, of competent jurisdiction, such invalidity or unenforceability shall not affect any other provision hereof, but this Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein.

Attorney's Fees: Should any party hereto commence any action or proceeding for the purpose of enforcing, or preventing the breach of, any provision hereof, whether by arbitration, judicial or quasi-

judicial action or otherwise, or for damages for any alleged breach of any provision hereof, or for a declaration of such party's rights or obligations hereunder, then the prevailing party shall be reimbursed by the losing party for all costs and expenses incurred in connection therewith, including, but not limited to, reasonable attorneys' fees for the services rendered to such prevailing party.

Waiver of Jury Trial: Each Party knowingly, voluntarily, and intentionally waives its right to a trial by jury to the extent permitted by law in any action or other legal proceeding arising out of or relating to this Agreement and the transactions it contemplates. This waiver applies to any action or other legal proceeding, whether arising in contract, tort, or otherwise.

IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth first above, with full knowledge of its content and significance and intending to be legally bound by the terms hereof.

1-YEAR limited warranty, and free 1-YEAR extended limited warranty policy terms:

Flex Cutter are warranted from the date of the cutter’s delivery date for manufacturing defects in components and construction for 12 months. Flex Cutter will provide parts to the customer to correct any manufacturing defects encounter by its customers that may occur under normal use during the applicable warranty periods:

Parts and/or consumables covered for the warranty policy:

All electronic and mechanical components except parts, and consumables are listed below.

Parts and/or consumables no covered for the warranty policy:

During the standard 1-YEAR warranty period: Blade holder or blade, or Pen Tool, Pinch Roller, cutting strip, USB, Serial, Power, or Grounding cables, Fuse, Software (discs or digital), Bundled accessories, vinyl, or other bundle/kit products that come with warrantied cutter.

During the free 1-YEAR free extended warranty period: Blade holder or blade, or Pen Tool, Pinch Roller, cutting strip, USB, Serial, Power, or Grounding cables, Fuse, Software (discs or digital), Bundled accessories, vinyl, or other bundle/kit products that come with warrantied cutter, keypad.

 Flex Cutter gives you the option to activate a free 1-YEAR extended warranty by hiring our annual general maintenance service. The seller guarantees a special labor rate of $ 149.00 plus round shipping service using the carrier of your preference, you also can carry on the cutter by yourself to our warehouse located in La Puente, CA. The free 1-YEAR extended warranty period starts to count when the standard 1-YEAR warranty period is due.

 In order to activate on-time the free 1-YEAR extended warranty, the annual general maintenance service must be hired and performed during month number twelve of the standard 1-YEAR warranty period.