Product Limited Warranty
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 which prohibit the isolation of the sucker rod from the production tubing, twelve (12) months from the date of manufacture, as marked. 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.
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.
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.
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 held responsible for incidental or consequential damages as such terms are 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.
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 stated 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.
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 may only be transferred to an operator, well owner, or subsequent well owner within twelve (12) months of the manufacturing of the Black Mamba product.
This Product Limited Warranty shall be interpreted under the terms of the Uniform Commercial Code or law or similar import or a successor law thereto.