LIMITED WARRANTY – Subject to the limitations herein, Bird Deterrent Technologies, LLC (“BDT”) warrants, for a period of two (2) years from the date of shipment of any new effigies manufactured by BDT (“Effigy”), to the original purchaser only (“Buyer”) of any Effigies purchased from BDT or an express authorized BDT reseller and installed by an express authorized BDT reseller, that the metal housing, fabrication, and components of the Effigies will be materially free from any material defects in workmanship or material (“Covered Defect”). Under the Limited Warranty, BDT will repair or replace, at its sole option, any Effigy which BDT determines, in its sole discretion, has a timely Covered Defect, pursuant to the terms of this Limited Warranty. Except for the foregoing Limited Warranty, BDT offers no other warranties or representation regarding the Effigies or other products.
EXCLUSIONS – EXCEPT FOR THE FOREGOING LIMITED WARRANTY, BDT MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE EFFIGIES OR ANY OTHER GOODS OR SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) 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.
PROCEDURE FOR MAKING LIMITED WARRANTY CLAIM – If Buyer determines, in its reasonable discretion, that any Effigy has a Covered Defect, the Buyer shall provide written notice to BDT as provided below (“Buyer’s Notice”) and, if different, shall also contact the person or entity from whom the Effigy was purchased (“BDT Authorized Reseller”) and make the Effigy available for inspection to the BDT Authorized Reseller (which may be BDT) at the place of installation with the allocation of cost as provided in the original purchase agreement between Buyer and BDT Authorized Reseller (“Purchase Agreement”). At any point, BDT can require, and Buyer shall immediately provide photos and videos of the Effigy and of the alleged Covered Defect prior to any action being required of BDT or BDT Authorized Reseller. If the BDT Authorized Reseller determines that a Covered Defect exists, BDT Authorized Reseller will deliver the Effigy, with Buyer bearing the costs, if any, provided in the Purchase Agreement, to BDT, Attn: Warranty Returns, 365 Sagewood Port Orange, FL 32127 *, along with a copy of the original sales receipt (“Proof of Order”), a video of the Effigy prior to removal and of the entire process to remove the Effigy, and a description of the alleged Covered Defect. Buyer shall deliver Buyer’s Notice in writing to BDT in such manner as BDT receives the Buyer’s Notice within ten (10) days of when Buyer had knowledge or reasonably should have had knowledge of the Covered Defect (“Discovery Date”). Because a delay in reporting a Covered Defect may make determining the cause of a Covered Defect difficult or impossible or make the cost of repairing an Effigy more expensive, this Limited Warranty shall automatically terminate and become void for any claim of a Covered Defect which is not received by BDT on or before the tenth (10th) day after the Discovery Date. BDT is not liable to Buyer or any party for damage to the Effigy incurred during the installation of the Effigy, regardless whether installation was performed by a BDT Authorized Reseller, preferred reseller or third party engaged by Buyer. If Buyer engages a party other than a BDT Authorized Reseller or preferred reseller to install the Effigy, BDT is not liable to Buyer or any party to the Effigy.
COMPONENT WARRANTY – By requesting coverage under this Limited Warranty, Buyer shall be expressly irrevocably assigning any warranties and other rights against the manufacturer or provider of any components used by BDT in the manufacture of the Effigy.
RETURN OF REPAIRED OR NEW EFFIGY – BDT will deliver any repaired or new Effigy, in connection with an accepted claim of a Covered Defect, to the original BDT Authorized Reseller disclosed in the Proof of Order or the Buyer if purchased directly from BDT. Except as otherwise expressly provided in the Purchase Agreement, Buyer is responsible for any charges owed to the BDT Authorized Reseller or any third parties for the removal or re-installation of the Effigy, including without limitation for any service calls, for transportation of the Effigy from the BDT Authorized Reseller to Buyer, and for any premium charged for overtime labor requested by the Buyer.
AUTHORIZED REPAIRS ONLY; SOLE REMEDY – Any repairs or alterations to the Effigy (or any components in the Effigy) by the Buyer or any person or entity, other than BDT or at the direction of BDT in writing, will expressly violate the Limited Warranty and will terminate any obligation of BDT under the Limited Warranty. All repairs under this Limited Warranty shall be performed by BDT. Buyer’s sole remedies in connection with the breach or performance of any warranty on the Effigy are those expressly provided in this Limited Warranty.
DAMAGES NOT COVERED – Notwithstanding anything else herein to the contrary, the Limited Warranty does not apply to (1) any Effigy that has been altered or modified in ways not approved in advance in writing by BDT; (2) damage caused by normal wear and tear, lack of reasonable and proper maintenance, improper installation, failure to follow operating instructions, damage due to improper use, abuse or neglect or conditions caused by abuse or neglect, misuse, lack of proper protection during storage, or accident; (3) normal maintenance parts and service; (4) discoloration of the Effigy; (5) damage caused by an Act of God, including but not limited to lightning strikes, tornados, winds in excess of 120 miles per hour, and storms; (6) damage caused by vandalism (from human or animal); or (7) incidental or consequential damages. If there is an implied or other express warranty which is not excluded by the terms of this Limited Warranty, then such implied or express warranty shall be limited, to the extent permitted by law, to the two-year period of time provided in this Limited Warranty. This Limited Warranty gives Buyer specific legal rights, and Buyer may also have other rights which vary from state to state.
WARRANTY BY RESELLER – The BDT Authorized Reseller who sold the Effigy to Buyer, nor any other party or person, has no authority or right to modify this Limited Warranty or to bind BDT to any other warranty and is not authorized to make any representation or warranty on behalf of BDT.
NO ASSIGNMENT – This Limited Warranty is not transferable or assignable.
SHIPPING – All products are FOB origin.
GOVERNING LAW – The granting of this Limited Warranty is expressly conditioned upon this Limited Warranty being governed by and construed in accordance with the laws of the State of Florida, regardless of the state in which Buyer resides or where the Effigy is delivered. Any controversy or claim arising under or related to this Limited Warranty shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator selected in accordance with those rules and with the arbitration being conducted in Volusia County, Florida, and judgement on the award may be entered by any court having jurisdiction, including in the courts of the State of Florida, County of Volusia, United States, or, if it has or can acquire jurisdiction, in the United States District Court for the Middle District of Florida. Buyer, by accepting any rights under this Limited Warranty, automatically waives any objection to venue laid therein.
WAIVER OF JURY TRIAL. BY PURCHASING THE EFFIGY AND ACCEPTING THE RIGHTS UNDER THIS LIMITED WARRANTY, BUYER IS HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVING BUYER’S RIGHT TO HAVE A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS LIMITED WARRANTY, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER ORAL, VERBAL, OR WRITTEN) OR ACTIONS WITH OR OF BDT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR BDT TO OFFER THIS LIMITED WARRANTY.
Please note that Terms and Conditions are subject to change without notice and that the latest updates may not yet be reflected on this web site. Please ask your sales representative or BDT Authorized Reseller for the applicable Terms and Conditions.
This page last updated October 5, 2020.
* Please contact BDT or your BDT Authorized Reseller for the current address.