WARRANTY – USA

1. LIMITED WARRANTY
(a) Subject to the provisions of Section 2 below, for sixty (60) days after delivery (the “Warranty Period”), Seller warrants that the Goods, at the time of delivery, shall: (i) be free and clear of all liens; (ii) conform to the description of the Goods as set forth in the applicable Seller Product Data Sheets; and (iii) be free from defects in material or workmanship (collectively, the “Limited Warranty”). The Limited Warranty does not extend to: (i) any Goods subject to misuse, damage in transit, accident, negligence, improper storage, improper repackaging, alteration or repair; (ii) any Goods not properly handled or not installed in compliance with recommended practices or codes; or
(iii) any claim regarding the finish or appearance of any Goods. In addition, the Limited Warranty expressly excludes costs of removal or reinstallation of any allegedly Defective Goods, as defined below.

(b) EXCEPT FOR THE LIMITED WARRANTY, SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE GOODS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED.

(c) As used in this Agreement, the term “Defective Goods” means Goods, which do not conform to the Limited Warranty. Prior to the expiration of Warranty Period, Buyer shall provide to Seller at its office in Malvern, PA written notice and photographs specifying the alleged defect in the Goods. Buyer shall retain all allegedly Defective Goods until Seller has completed its investigation of Buyer’s claims and/or inspection. The failure of Buyer timely to notify Seller of any allegedly Defective Goods as set forth herein shall be deemed a waiver of Buyer’s right to assert a claim with respect to any Defective Goods.

Contact sales@ship-2-shore.com for goods return authorization or HQ Location at 35002 Brookshire, TX 77423 USA

(d) If Seller, in its sole discretion, deems any Goods to be Defective Goods, Seller, at its sole option, shall either refund or replace such Goods. If Seller elects to replace the Goods, replacement will be delivered F.O.B. (TX U.C.C.) at a Seller facility with freight prepaid to the Buyer location as set forth in the original Acknowledgement. If, however, Seller’s investigation reveals, to its reasonable satisfaction, that the Goods are not Defective Goods, it shall so notify Buyer in writing.

(e) Buyer acknowledges and agrees that the remedies set forth in this Section 1 are Buyer’s exclusive remedies for Defective Goods. If Buyer chooses to offer a warranty to its customers which is different than the Limited Warranty, Buyer acknowledges that it does so at its own risk and assumes all liability that may arise.

2. Limitation of Liability. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD- PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, (including but not limited to downtime costs, loss of use of equipment, cost of substitute equipment, facilities, or services or claims of your customers for such damages resulting from the purchase, use, or failure of the products) WHETHER ARISING OUT OF A CLAIM OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE, AND REGARDLESS OF: (a) WHETHER SUCH DAMAGES WERE FORESEEABLE; (b) WHETHER OR NOT SELLER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (c) THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO SELLER FOR THE GOODS SOLD UNDER THE AGREEMENT.
R.23-10