Superior Products Limited Express 30-Day Warranty and Limitation of Liability
LIMITED EXPRESS 30-DAY WARRANTY
Superior Products, LLC (“Superior Products”) warrants to Buyer that the products sold hereunder will, for a period of thirty (30) days from the date of shipment be free from defects in material and workmanship under normal and proper installation, operating conditions and service. Within ten (10) days after Buyer’s discovery of what Buyer believes is a defect, Buyer must notify Superior Products thereof in writing and ship the product (at Buyer’s expense) to Superior Products at 3786 Ridge Road, Cleveland, Ohio 44144-1175, Attention: QCA DEPT. Thereafter, within thirty (30) days of receipt of a timely warranty claim, Superior Products will, at its option and in its sole discretion, repair or replace any Product or part that is found to be defective. This shall be Buyer’s sole and exclusive remedy for any Product or part, or component thereof, determined by Superior Products not to comply with the terms of Superior Products’ limited express warranty.
This limited warranty does not extend to any Product or part that is not installed and used continuously in accordance with Superior Products’ instructions (including printed instructions), all applicable state and local regulations, and all applicable national standards. This limited express warranty does not extend to any Product or part that has been damaged by accident, misuse, abuse, failure to maintain or neglect, nor does it extend to any Product or part that has been modified, altered, disassembled or repaired in the field. This limited express warranty does not apply if the Product or part becomes defective in whole or in part as the result of installation or repairs not made by Superior Products, or as the result of removal, improper use, storage or maintenance, or operation above rated capacities or misapplication thereof after it has been delivered to Buyer. This limited express warranty does not cover any cosmetic issues, such as scratches, dents, marring, fading of colors or discoloration.
Products and parts made by other manufacturers are not warranted by Superior Products, and Buyer hereby expressly agrees and acknowledges that Buyer shall only have such warranty with respect to products and parts made by manufacturers and/or persons other than Superior Products as provided by such other manufacturers and/or persons provided to Superior Products. No repair or replacement under Superior Products’ warranty obligations will extend or enlarge the original thirty (30) day limited express warranty period.
DISCLAIMER OF ALL OTHER WARRANTIES
EXCEPT AS SET FORTH HEREIN, SUPERIOR PRODUCTS EXPRESSLY DISCLAIMS AND MAKES NO OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUYER ACKNOWLEDGES THAT IT IS NOT RELYING UPON SUPERIOR PRODUCTS’ SKILL OR JUDGMENT TO SELECT OR FURNISH PRODUCTS SUITABLE FOR ANY PARTICULAR PURPOSE OR UPON ANY AFFIRMATIONS OF FACT OR PROMISES OF SUPERIOR PRODUCTS WHICH EXTEND BEYOND SPECIFICATIONS MUTUALLY AGREED UPON IN WRITING BY SUPERIOR PRODUCTS AND BUYER. IN THAT REGARD, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, BUYER AGREES AND ACKNOWLEDGES THAT IT IS ACCEPTING ANY GOODS, SERVICES AND / OR PRODUCTS HEREUNDER ON AN “AS-IS” AND “WITH ALL FAULTS” BASIS. FURTHERMORE, BUYER HEREBY EXPRESSLY AGREES AND ACKNOWLEDGES THAT SUPERIOR PRODUCTS SHALL HAVE NO LIABILITY OF ANY NATURE HEREUNDER BEYOND REPLACEMENT OR REPAIR OF ANY DEFECTIVE PRODUCT, OR PART, INDIVIDUAL COMPONENT OR SPOOL THEREOF, EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND THE LIMITATION OF LIABILITY CONTAINED IN SECTION 21 OF SUPERIOR PRODUCTS’ TERMS AND CONDITIONS OF SALE SHALL APPLY IN FULL FORCE.
Specifically Excluded Damages. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SUPERIOR PRODUCTS SPECIFICALLY DISCLAIMS AND BUYER WAIVES ANY LIABILITY OR CLAIM FOR PROPERTY OR PERSONAL INJURY DAMAGES, PENALTIES, DAMAGES FOR LOST PROFITS OR REVENUES, LOSS OF USE OF PRODUCTS OR SERVICES OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS, FACILITIES OR SERVICES, DOWN TIME, SHUT DOWN OR SLOW DOWN COSTS OR FOR ANY OTHER TYPES OF ECONOMIC LOSS AND FOR CLAIMS OF BUYER’S CUSTOMERS OR ANY THIRD PARTY FOR ANY SUCH DAMAGES.
Superior Products does not authorize any person or entity to create for Superior Products any obligation of liability or warranty in connection with its products, and expressly disclaims any and all such liabilities or warranties.
Remedies. THE DAMAGE LIMITATIONS PROVIDED IN THESE TERMS AND CONDITIONS AND THE REMEDIES STATED HEREIN SHALL BE EXCLUSIVE AND SHALL BE BUYER’S SOLE AND EXCLUSIVE REMEDY (EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN). THIS LIMITATION ON LIABILITY SHALL SURVIVE FAILURE OF ANY ESSENTIAL PURPOSE.
NOTE: Some states do not allow the exclusion or limitation of incidental, consequential or punitive damages, so the above limitation or exclusion may not apply to Buyer. This warranty gives Buyer specific legal rights, and Buyer may have other rights that vary from state to state. The portions of this limited warranty and limitation of liability shall be considered severable and all portions which are not disallowed by applicable law shall remain in full force and effect.
The benefits given by the Limited Warranty above are in addition to any other rights and remedies to which Buyer may be entitled by law.
ELIGIBILITY REQUIREMENTS & OBLIGATIONS OF BUYER:
You are eligible to obtain service under this warranty if you are the original consumer purchaser, either from us directly or from a seller who stocks our product for resale. However, in order for you to obtain service under this warranty, you must do the following:
- Send a claim in writing along with samples of the parts claimed to be defective to us freight prepaid.
- Have your claim and sample parts delivered within ninety (90) days from the date of shipment of the parts from our factory.
However, if you bought the parts for resale, or if you bought the parts from someone who bought them for resale, then you must deliver the claim and the parts to us within ninety (90) days from the date of resale – except under no circumstances shall we honor any claim which fails to be delivered to us with the parts within one hundred and eighty (180) days from the date of shipment of the parts from our factory.
Your claim should be in typed or printed form and include the following information:
- Your name and address; and
- The name and address of the seller of the parts; and
- The date of purchase of the parts; and
- A short description of the alleged defect; and
- Proof of the purchase of the parts, for example, a receipt or canceled check.
LEGAL RIGHTS:
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state (province to province in Canada).