HUTH-BEN PEARSON INTERNATIONAL, LLC
Huth-Ben Pearson International, LLC (the “Manufacturer”) warrants Manufacturer’s products (the “Products”) will be free from defects in manufacture by Manufacturer (the “Warranty”). The Warranty will be effective and valid for a period of one (1) year, beginning on the date in which Manufacturer ships the Product (the “Warranty Period”) from manufacturer’s facility directly to Manufacturer’s customer (the “Customer”). The Warranty shall obligate Manufacturer to repair or replace (in Manufacturer’s discretion) defective Products as provided below. Manufacturer shall maintain records, including Manufacturing Process Instructions, for all Products for a period equal to the Warranty Period. Upon the expiration of the Warranty Period, Manufacturer will have no further obligation to Customer with respect to a Product that is non-conforming and/or defective for any other reason.
To take advantage of the Warranty, Customer must take the following three steps: (1) Customer must promptly notify Manufacturer after Customer becomes aware that it has a defective Product, which in all events must be within thirty (30) days of Customer’s discovery of the defect and within the Warranty Period; and (2) Customer must provide detailed digital pictures and/or must return the defective Product to Manufacturer immediately thereafter and/or make the Product available to Manufacturer for inspection (at Manufacturer’s request/discretion), and in no event more than thirty (30) days after any notification provided in (1) above; and (3) Customer must insure the defective Product until Manufacturer receives and accepts it. After Customer has taken the above steps, Manufacturer will evaluate the Product to determine if Customer’s warranty claim is valid and to determine what, if any, remedy is available to Customer. Customer must return or make available all defective Products with complete documentation associated with the defective Product.
The Warranty shall be invalidated if: (1) damage to the Product is the result of misuse or abuse by Customer or any end user of the Product; or (2) if the Product has been modified by Customer or any end user of the Product; or (3) if any defects in the Products are caused as a result of Manufacturer following Customer’s specifications in manufacture that contain any problems, faults, errors, miscalculations, or discrepancies in the specifications. If Manufacturer decides to repair or replace the defective Product, Manufacturer will ship the repaired or replaced Product (both, a “Repaired Product”) F.O.B. the shipping point and all of the provisions in this Warranty pertaining to the Products will apply to the Repaired Product, including but not limited to, the risk of loss provisions set forth above. Notwithstanding the prior sentence, the Warranty Period for a Repaired Product will not be restarted, but instead will expire at the same time as though the Repaired Product was never a defective Product but rather the Product at all times.
THE WARRANTY PROVIDED HEREUNDER IS THE ONLY WARRANTY MANUFACTURER PROVIDES TO CUSTOMER, AND SHALL BE IN THE PLACE OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, OR ANY OTHER OBLIGATION ON MANUFACTURER’S PART. NO ORAL OR WRITTEN STATEMENTS MADE BY MANUFACTURER, EXCEPT THOSE MADE IN THIS WARRANTY SHALL BE CONSIDERED A WARRANTY OR CONSIDERED TO HAVE ANY LEGAL EFFECT. ADDITIONALLY, NO SAMPLES, MODELS, OR PROTOTYPES MANUFACTURER PROVIDES TO CUSTOMER SHALL BE CONSIDERED A WARRANTY OR CONSIDERED TO HAVE ANY LEGAL EFFECT.
CUSTOMER’S EXCLUSIVE REMEDIES FOR MANUFACTURER’S BREACH OF WARRANTY SHALL BE ONE OF THE FOLLOWING: (A) THE REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCT; OR (B) THE REFUND OF THE PRICE CUSTOMER PAID FOR THE DEFECTIVE PRODUCT. THE REMEDIES SET FORTH ABOVE SHALL BE DETERMINED IN MANUFACTURER’S SOLE DISCRETION. ANY SHIPPING COSTS ASSOCIATED WITH VALID WARRANTY PRODUCTS THAT MANUFACTURER AND CUSTOMER HAVE MUTUALLY AGREED UPON SHALL BE PAID BY MANUFACTURER.
UNDER NO CIRCUMSTANCES WILL MANUFACTURER BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE SALE, MANUFACTURE, OR USE OF THE PRODUCT, WHETHER BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT, OR ANY OTHER LEGAL THEORY. MANUFACTURER’S LIABILITY IN CONNECTION WITH THE SALE OR USE OF THE PRODUCT WILL NOT EXCEED THE PRICE OF THE PRODUCT UNDER ANY CIRCUMSTANCES. BY WAY OF EXAMPLE, IF A SINGLE PRODUCT CAUSES ANY DAMAGES, MANUFACTURER’S LIABILITY WILL NOT EXCEED THE PRICE OF THAT SINGLE PRODUCT. DAMAGES REFERRED TO IN THIS PROVISION INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, REVENUE, OR USE OF THE PRODUCT; THE COST OF CAPITAL, SUBSTITUTE PRODUCTS, REPLACEMENT PRODUCTS, OR DOWN TIME; ANY CLAIMS OF THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, CUSTOMER’S CUSTOMERS OR OTHER USERS; DEATH; PERSONAL INJURY; AND INJURY TO PROPERTY.