Stern-Williams |
LIMITED
ONE-YEAR WARRANTY
This warranty is exclusive
and expressly made in lieu of all other warranties of quality, whether
written, oral or implied (including any warranty of merchantability and/or
fitness for a particular purpose), arising by law or otherwise, and no
other warranty is authorized to be made, except where any such limitation
is expressly prohibited by law. Warranty of products of another manufacturer
sold by Stem-Williams is limited to the warranty extended to Stern-Williams
by such manufacturer or provider. This written warranty shall not be extended,
altered or varied, except by a written instrument signed by Stern-Williams
and Buyer. No representations were made or relied upon with respect to
the products or the terms of this written warranty.
Stern-Williams
extends a limited warranty to the Buyer that products of its own manufacture
shall be free of defects in material and workmanship for a period of one
year after the date of shipment from Stern-Williams. Under this warranty,
Stern-Williams will, in its sole discretion, upon receipt and verification
of a written claim, either 1) repair the product, 2) replace the product
or any part therein with a Stern-Williams product of similar type and
size, or 3) refund to the Buyer the wholesale price of the product. All
of Buyer's claims must be in writing and delivered to Stern-Williams,
at Stern-Williams address, within ten (10) days after each respective
delivery and before the products are put into process or in any way changed
from their original condition. If Stern-Williams elects to refund the
wholesale price to the Buyer, Stern-Williams shall have no further obligation
to Buyer, any wholesale consumer, or any contractor with respect to such
product. Goods proven to be defective will be replaced after proper inspection,
but no claims for damage incurred or for work done thereon will be allowed.
Replacements, when supplied, will be shipped at no cost to the consumer.
No claim shall be made for proximate damages of a different amount, nor
may any recovery be had for incidental, special, contingent, consequential,
exemplary, or punitive damages; costs of delay; costs of third parties
arising from any source; or lost profits arising out of, or related to,
any product sold by Stern-Williams, even if Stern-Williams has been advised
of the possibility thereof and regardless of whether the claim is made
in contract, tort, or other theory or cause of action. Under no circumstance
will Stern-Williams be liable for any labor or other expenses not specifically
stated above.
All controversies arising out of or relating to the providing of products
by Stern-Williams shall be settled by arbitration in the County of Johnson,
State of Kansas in accordance with the Commercial Arbitration Rules and
Mediation Procedures of the American Arbitration Association.
This warranty gives you specific legal rights. You may also have other
rights which vary from state to state.
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