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WARRANTY:
Seller warrants to its Buyer (and no others)
to repair, replace or to refund the full original purchase price of
any of its merchandise sold hereunder to correct defects in material
or workmanship discovered and reported in writing to Seller within 10
years from the date of purchase by the original owner. Seller’s
products are warranted against de-lamination for 10 years from the date
of purchase by the original owner. Labor to remove merchandise, to install
replacements, or to make repairs on site, is included in this warranty
for 10 years. No warranty is made for normal wear and tear, alterations,
misuse, abuse, extreme heat or moisture, improper installation, and
maintenance or repairs attempted by others. The above warranty is further
contingent upon proper use of the goods and does not cover goods which
have been modified without Seller’s prior written approval or
which have been subject to unusual physical stress or other than ordinary
use. All freight charges for repair or replacement of defective merchandise
shall be borne by Seller.
WARRANTY LIMITATIONS:
(a) THE ABOVE EXPRESS WARRANTY IS THE ONLY
WARRANTY MADE BY SELLER. SELLER MAKES NO IMPLIED WARRANTIES, INCLUDING
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND
NO OTHER EXPRESS WARRANTIES. THE EXPRESSED OBLIGATION STATED ABOVE IS
IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF SELLER FOR DAMAGES, INCLUDING,
BUT NOT LIMITED TO, CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION
WITH THE INSTALLATION, USE OR PERFORMANCE OF PRODUCTS OR GOODS SOLD
BY SELLER. BUYER FURTHER AGREES THAT SELLER WILL NOT BE LIABLE FOR ANY
LOST PROFITS OR FOR ANY CLAIM OR DEMAND AGAINST BUYER BY ANY OTHER PARTY.
IN NO EVENT WILL SELLER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE RISK OF LOSS OR DAMAGE TO ANY PRODUCTS SUPPLIED TO BUYER BY SELLER
WILL BE BORNE EXCLUSIVELY BY BUYER.
(b) SELLER’S LIABILITY FOR ANY COMPONENT
PARTS OR MATERIALS MANUFACTURED BY OTHERS THAN SELLER, BUT INCORPORATED
IN THE GOODS SOLD TO BUYER, SHALL BE LIMITED TO THE GUARANTY OR LIABILITY
OF THE MANUFACTURER OR SUPPLIER OF SUCH COMPONENTS OR MATERIALS TO THE
END USER THEREOF. SELLER SHALL INCUR NO LIABILITY WHATSOEVER UNDER SUCH
MANUFACTURER OR SUPPLIER GUARANTEES OR WARRANTIES, IF ANY, AND ANY AND
ALL REMEDIES TO WHICH BUYER MAY BE ENTITLED THEREUNDER SHALL BE PROVIDED
ONLY BY SUCH MANUFACTURERS OR SUPPLIERS.