1.0 Limited Warranty.
1.1. Subject to 1.2 and 1.3, Big Star warrants to Buyer that for the Goods and periods of time listed in this Section 1.1 from the date of shipment of the Goods ("Warranty Period"), that such Goods will be free from material defects in material and workmanship:i. Electrical wiring and accessories – THREE (3) years; ii. Replaceable bulbs – TWO (2) years; and iii. LED String Lights – ONE (1) year; iv. All other items – ONE-HUNDRED AND TWENTY (120) days.
1.2. Any warranty listed in Section 1.1 is void if the item(s) are left up over ONE HUNDRED AND TWENTY (120) consecutive days.
1.3. Bulb burnouts or electrical damage caused by the Buyer, weather elements, rough handling, or transit are not covered by Section 1.1.
1.4. EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 1.1 BIG STAR MAKES NO CONDITION OR WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a) CONDITION OR WARRANTY OF MERCHANTABILITY; OR (b) CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) CONDITION OR WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
1.5. Big Star shall not be liable for a breach of the warranty set forth in Section 1.1 unless:i. Buyer gives written notice of the defect, reasonably described, to Big Star within THIRTY (30) days of the time when Buyer discovers or ought to have discovered the defect; ii. Big Star is given a reasonable opportunity after receiving the notice to examine such Goods and Buyer (if requested to do so by Big Star) returns such Goods to Big Star's place of business at Big Star's cost for the examination to take place there; and iii. Big Star reasonably verifies Buyer's claim that the Goods are defective.
1.6. Big Star shall not be liable for a breach of the warranty set forth in Section 1.1 if:i. Buyer makes any further use of such Goods after giving such notice; ii. the defect arises because Buyer failed to follow Big Star's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or iii. Buyer alters or repairs such Goods without the prior written consent of Big Star.
1.7. Subject to Section 1.5 and Section 1.6 above, with respect to any such Goods during the Warranty Period, Big Star shall, in its sole discretion, either:i. repair or replace such Goods (or the defective part) or ii. credit or refund the price of such Goods at the pro rata contract rate provided that, if Big Star so requests, Buyer shall, at Big Star's expense, return such Goods to Big Star.
1.8. THE REMEDIES SET FORTH IN SECTION 1.7 SHALL BE THE BUYER'S SOLE AND EXCLUSIVE REMEDY AND BIG STAR'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 1.1. FOR GREATER CLARITY, THE WARRANTY IN SECTION 1.1 DOES NOT INCLUDE THE COST OF LABOR TO INSTALL AND/OR REMOVE THE GOODS, THE COST OF SHIPPING.