Black Mamba Rod Lift, LLC (“Black Mamba”) warrants that its products sold and or manufactured, as marked with the Black Mamba name, when utilized and installed in strict accordance with Black Mamba’s mandatory guidelines, shall be free from defects in materials and workmanship which prohibit the isolation of the sucker rod from the production tubing, for twelve (12) months from the date of manufacture (the “Warranty Period”). Black Mamba does not make any representations or warranties about products bearing Black Mamba’s name other than those set out below.  No warranty whatsoever is made with respect to associated materials or components not bearing Black Mamba’s name which are used in conjunction with Black Mamba’s products.

Further, Black Mamba provides no warranties whatsoever with respect to the handling or workmanship required for the in-well installation of any Black Mamba’s products, including without limitation if Black Mamba does not approve the overall system design prior to installation of Black Mamba product.

Black Mamba makes no other warranty expressed or implied, with respect to its products, nor with respect to its specifications, except as stated herein. Black Mamba makes no warranty for its products’ use in any specific well condition, application, geographical region, stress loading, side loading, temperature use, nor for any particular use.  Furthermore, this warranty shall be null and void if the product fails due to circumstances beyond Black Mamba’s control including damage during shipping, handling, unpacking, or installation; damage caused by moisture or other contaminants entrapped between protective packaging materials and coated surface, thus constituting improper storage, prior to placement in service; damage or failure caused by acts of God, external forces, explosion, fire, misuse or abuse in application, or any other such occurrences beyond Black Mamba’s control.

Product defects caused by misuse, mishandling, improper storage, improper application, or any other failure to strictly follow Black Mamba’s specifications and procedures are not warranted under any circumstances. Additionally, corrosion treatment(s) and their effectiveness with in-well fluids and chemistries are not the obligation of Black Mamba. Black Mamba products are over-molded and shrink fit around steel components. In-well pressurized fluid(s) are guaranteed to penetrate between plastic and steel surfaces, as has been proven by all rod guide manufacturers, and the effects of this are not covered by this warranty.

Black Mamba shall not be responsible for material defects, damage, or injury caused by or to materials not produced or sold by Black Mamba. Black Mamba shall not be responsible for material defects or damage to any materials whatsoever, whether or not produced by Black Mamba and whether or not covered under this warranty, where such defects or damage is caused in whole or in part by the installation and handling of Black Mamba’s products.

BLACK MAMBA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OF ANY NATURE WHATSOEVER, ARISING OUT OF OR RELATED TO THIS WARRANTY, REGARDLESS OF THE FORM OF ACTION AND REGARDLESS OF WHETHER BLACK MAMBA HAS BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTIIPATED, THE POSSIBILITY OF DAMAGES.  BLACK MAMBA’S LIABILITY ARISING OUT OF A CLAIM UNDER THIS WARRANTY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APPLICABLE PRODUCT. SOME STATES, PROVINCES, COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.  Incidental or consequential damages shall have the meanings as defined in Section 2-715 of the Uniform Commercial Code. Black Mamba shall not be held responsible for any other applicable or successor law defining said terms, regardless of cause.

If, during the Warranty Period, your product does not comply with this warranty, Black Mamba’s sole responsibility and liability under this warranty shall be limited to the supply of suitable replacement products and/or materials of Black Mamba’s product warranted hereunder which has been shown to be defective within the Warranty Period. This is the only and sole remedy under this warranty. No claim separate of this warranty shall be made by purchaser, operator and/or end user of Black Mamba’s products, including any well operator or owner, service provider or distributor, or subcontractor of said well operator or owner.  If your product is repaired or replaced under this warranty, the remainder of the Warranty Period will apply to the repaired or replaced product.  Under no circumstances will the Warranty Period be extended as a result of your product being repaired or replaced.

The Magnuson-Moss Warranty Act shall not apply to Black Mamba’s products, as the intended use is not a “consumer”. The Black Mamba Product Limited Warranty extends to the original buyer only, as reflected on the invoice provided (“Buyer”); provided, however that this warranty may only be transferred to an operator, well owner, or subsequent well owner within the Warranty Period and does not extend the Warranty Period.

All claims for any product shall be submitted to Black Mamba at the address, email address or telephone number identified below. For claims relating to product not bearing Black Mamba’s name, Buyer shall need to submit the claim to the appropriate manufacturer. Black Mamba shall not be responsible for any denial of the claim by such manufacturer, nor shall it be required to bear any out-of-pocket cost and expenses which may be necessary or incurred in connection with the submission of the claim and any action taken upon the claim of such manufacturer. For a warranty claim to be processed, it must include: (a) proof of purchase of your product, (b) a description of the alleged defect(s), (c) the original date of purchase, (d) the system design as approved by Black Mamba prior to installation.

Any communications in connection in connection with this warranty, other than communications directly with a manufacturer of any product not bearing Black Mamba’s name, should be directed to the following addresses: