WARRANTY AND WARRANTY LIMITATIONS: Except as otherwise provided herein, Seller warrants that the Seller Goods (as defined below) are free from defects in material and workmanship under normal use for two years after the date of shipment. If Purchaser notifies Seller within such two year period of any claimed defect in the Seller Goods, and after appropriate tests and inspection by Seller, such Seller Goods are found not to be in conformity with this warranty, Seller shall at its sole option and expense, and as Purchaser’s sole remedy, either repair or replace the defective Seller Goods. This warranty applies only to the original purchase price and is good only when the total payment for the product has been received. This warranty is void if the item(s) are damaged by negligence, accident, or acts of god after purchase, used for other than the intended purpose, altered or used with other items that affect the integrity, performance, or safety of these items. Liability does not cover indirect or consequential cost, including materials lost, labor or installation/reinstallation cost, injury, property damage, or damages caused by mishandling. Manufacturer’s liability for incidental or consequential damages is specifically excluded to the full extent permitted by the applicable law. The limited warranty (expressed or implied) applies only to the original purchaser. Purchaser shall not return the Seller Goods to Seller, however, without Seller’s prior written authorization. Any repairs made by Purchaser or any other person or entity without Seller’s prior written authorization will render this warranty void. “Seller Goods” means all Goods except those Goods sold by Seller as a plumbing or electrical component of the Goods, such as motors, fans, controls, or other, similar components which are separately labeled and warranted by the component manufacturer, and which are hereinafter described as “Component Goods”.
Seller makes no warranty:
(1) concerning the compliance of the Seller Goods with any local or state laws or regulations, including without limitation electrical, building, or other codes or requirements. Purchaser agrees to accept full responsibility for complying with such laws, regulations, codes, and requirements.
(2) against any defect or damage incurred in transit.
(3) concerning (and does not assume in this or any other document) any obligation or liability in connection with patent or copyright infringement suits brought against Purchaser with respect to the Seller Goods, which were designed by Purchaser.
(4) as to the durability and quality of, or other matter relating to, any materials used in the Seller Goods.
Other than as set forth in this Section, Seller makes no warranty, express or implied, with regard to the Seller Goods.
SELLER’S WARRANTY HEREUNDER IS LIMITED TO REPAIRING OR REPLACING (AT SELLER’S SOLE OPTION) ANY SELLER GOODS THAT ARE PROVED TO BE DEFECTIVE, AND SELLER SHALL IN NO EVENT HAVE ANY LIABILITY FOR ANY OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION PAYING PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, EVEN IF THE POSSIBILITY OF SUCH DAMAGES IS KNOWN TO SELLER. SELLER’S WARRANTY FOR THE SELLER GOODS IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Seller makes no warranty, expressed or implied, with regard to Component Goods. Seller does, however, assign and transfer to Purchaser any and all warranties of the manufacturer with regard to Component Goods, and Purchaser’s sole remedy with respect to defects in Component Goods shall be such manufacturer’s warranty.
Returns for repairs must be pre-approved and the Return to Manufacturer Authorization Number (RMA) prominently displayed on the outside of the shipping container. Returns will not be accepted without an (RMA) number. Returns for repair must be sent FREIGHT PREPAID to the following address:
Hydro Composites, LLC
2230 US Hwy 87 E Stockdale, TX 78160
(830) 996-0020 ph. (830) 996-3145 fax