60 Day Limited Warranty
- The warranties and remedies stated herein are given in place of all other warranties, express or implied, or merchantability, fitness for a particular purpose, or otherwise. No promise or affirmation of fact made by any agent or representative of Zahm & Nagel Co., Inc. (herein after “seller”) shall constitute a warranty by seller or give rise to any liability or obligation.
- For 60 days following the date of shipment. Seller warrants that any goods furnished by Seller will be, at the date of shipment, free from defects in workmanship and materials. Seller makes no warranty with respect to any goods broken during use, and Purchase acknowledges that, due to the nature of the processes in which Seller’s goods are employed. Seller’s goods, and glassware and other goods used in conjunction with Seller’s goods, may break during normal use. Seller makes no warranty with respect to any goods manufactured by others, such goods to carry only the warranty of the manufacturer. Seller’s obligation in the event of breach or warranty or contract, or of negligence or otherwise with respect to goods furnished hereunder shall be strictly and exclusively limited to the repair or replacement F.O.B. Seller’s plant or other point of shipment, or any goods that Seller determines on inspection to have been defective at the date of shipment or to the correction of any work, or if Seller determines that such repair, replacement or correction is not feasible, to a refund of the purchase price upon return of the goods to the Seller. SELLER SHALL NOT BE LIABLE IN ANY EVENT FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS THOSE TERMS ARE DEFINED IN SECTION 2-715 OF THE UNIFORM COMMERCIAL CODE.
- This warranty is terminated and Seller shall have no liability or obligation to any person for any damage, injury or loss arising out of the use of the goods supplied by Seller, whether by reason of any defect in the goods furnished hereunder or otherwise if, prior to such damage, injury or loss, the goods are (1) damaged or misused following delivery: (2) repaired, altered or otherwise modified, or (3) not maintained and used properly.
- NO CLAIM AGAINST SELLER FOR ANY DEFECT IN THE GOODS, WHETHER FOR BREACH OF WARRANTY OR CONTRACT, OR FOR NEGLIGENCE OR OTHERWISE SHALL BE VALID OR ENFORCEABLE UNLESS WRITTEN NOTICE THEREOF IS RECEIVED BY SELLER WITHIN SIXTY (60) DAYS FROM THE DATE OF SHIPMENT OR TEN (10) DAYS FROM THE DATE OF DISCOVERY OF THE DEFECT, WHICHEVER IS EARLIER, AND PURCHASER SHALL CEASE USING THE PRODUCTS FROM THE TIME OF DISCOVERY OF SUCH DEFECT UNTIL SELLER HAS HAD A REASONABLE TIME TO INSPECT THE SAME AND REMEDY ANY DEFECT THAT THE SELLER DETERMINES TO BE COVERED BY THE WARRANTY SET FORTH HEREIN. ANY ACTION AGAINST SELLER FOR BREACH OF THIS WARRANTY OR CONTACT, OR FOR NEGLIGENCE OT OTHERWISE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CAUSE OF ACTION ACCRUES.
- All goods are sold by Seller expressly conditioned upon Purchasers acceptance of the limitation of warranty and remedies contained herein. If such are not accepted by Purchaser, Purchaser may return the goods to Seller unused within sixty (60) days of purchase. USE OF GOODS OR RETENTION BEYOND SIXTY (60) DAYS SHALL BE DEEMED AN EXPRESS ACCEPTANCE OF THE LIMITATIONS OF WARRANTY AND REMEDIES CONTAINED HEREIN.