(a) Manufacturer warrants that the products delivered hereunder shall be free from defects in material and workmanship for a period of one (1) year after the date of delivery (the “Warranty Period”). Specifically excluded there from are straps which are not warranted by Manufacturer. The foregoing warranty shall not be valid if the Product or component parts have been subjected to abuse, misuse, accident, alteration, neglect, unauthorized repair, or installation. The foregoing warranty is also contingent upon the proper use of the product and expires immediately upon the modification, or enhancement of the product by anyone without the express written consent of the Manufacturer. THE PRODUCT IS NOT INTENDED TO BEAR LOADS IN EXCESS OF 10 POUNDS PER SQUARE FOOT WHEN CORRECTLY AND COMPLETELY INSTALLED. THE PRODUCT IS NOT INTENDED FOR TRANSPORT. (b) Upon discovery of any defect in material or workmanship, Purchaser shall notify Manufacturer within five (5) days of Purchaser’s discovery of such defect. All defective Products must be returned to Manufacturer no more than thirty (30) days after the expiration of the Warranty Period in order to be eligible for the limited warranty provided herein. (c) Purchaser shall forward defective Products to Manufacturer freight prepaid, and Manufacturer will use its best efforts to return the repaired or replaced Product freight prepaid by Manufacturer to Purchaser within fifteen (15) days from the date Manufacturer receives the defective Product. (d) Manufacturer shall make final determination as to the existence or cause of any alleged defect or any other matters with respect to the applicability of this limited warranty.
This limited warranty is the exclusive warranty provided by manufacturer. Manufacturer makes no other warranty, express or implied, and there is expressly excluded all warranties of merchantability and fitness for a particular purpose. Purchaser’s sole remedy shall be repair or replacement of defective products. Manufacturer shall have no liability under this agreement for any damages suffered by purchaser or any third party including, but not limited to damages for personal injuries or loss of profits, or consequential, exemplary or incidental damages even if manufacturer has been advised of the possibility of such damages.
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