GENERAL. The terms and conditions set forth in this warranty apply to all quotations made and all purchase orders entered into by WireTough Cylinders, LLC (“WIRETOUGH”), and acceptance by WIRETOUGH of any order by confirmation or commencement of performance shall be on the basis of these terms and conditions, even though no reference is made to these terms and conditions at the time of acceptance.
JURISDICTION AND VENUE; GOVERNING LAW. The validity, performance and interpretation of this Warranty shall be governed by the laws of the Commonwealth of Virginia, without reference to conflict of law provisions. The parties agree that any controversy arising under this Warranty shall be determined by the federal or state courts situated in the Commonwealth of Virginia and both parties hereby submit and consent to the exclusive jurisdiction and venue of said courts with respect to all such controversies.
WARRANTY. WIRETOUGH warrants that new products of its own manufacture will be free from defects in material and workmanship and will be in compliance with specifications set forth in the accompanying Purchase Order at the time of shipment and subject to all other provisions and limitations herein after set forth for one (1) year from date of shipment, provided equipment is installed, operated and maintained in accordance with its intended use and WIRETOUGH’S written performance specifications. WIRETOUGH’s obligations under this warranty are limited to repairing or replacing any such defective or non-conforming product sold by WIRETOUGH. WIRETOUGH shall have no obligation under this warranty unless such product is promptly returned to WIRETOUGH, transportation charges prepaid by Buyer, unless otherwise specified in writing by WIRETOUGH, and examination of such product shall disclose to WIRETOUGH’s reasonable satisfaction that such product is defective, or non-conforming in which event, WIRETOUGH at its sole cost and expense, shall repair or replace such product within a reasonable time after such return of the product to WIRETOUGH. WIRETOUGH shall bear the cost of repair or replacement of any product which is determined to be defective or non-conforming. The Buyer shall bear the cost of reshipment of the product to Buyer if WIRETOUGH determines the product is beyond the warranty period or otherwise not entitled to the benefits of this warranty. The remedies set forth herein are exclusive. WIRETOUGH shall not be liable for any direct, indirect, consequential or exemplary damages resulting from the delivery, use or failure of the product (including loss of any material stored in this product) or from any other cause whatsoever.The products produced hereunder will be produced in accordance with WIRETOUGH’s standard practices. All products however, including those produced to meet exact specifications, shall be subject to mill tolerances and variations consistent with usual good mill practices in relation to weight, straightness, section, composition and mechanical or physical properties, and to normal variations in surface and internal conditions and in quality to deviations in tolerances and variations consistent with normal mill practical testing and inspection methods.This limited warranty is void with regard to any product sold by WIRETOUGH which has been subject to misuse, negligence, alteration, conversion, corrosion, fire, heat, accident or improper installation, application, storage, combination with other components or repair by others.THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS SOLD BY WIRETOUGH AND IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES OR INDEMNIFICATION, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY CAN NOT BE ASSIGNED WITHOUT PRIOR WRITTEN CONSENT OF WIRETOUGH.
WARRANTY PROCEDURE. To make a claim under this warranty, Buyer must: 1) give WIRETOUGH written notice within ten (10) days after discovery of a claimed defect or non-conformity; 2) immediately discontinue use of the product, and; 3) return such product to the location specified by WIRETOUGH for evaluation to validate the warranty claim. If the claimed defect or non-conformity is confirmed by WIRETOUGH’s inspection and the claim has been timely made, WIRETOUGH will at its option and as Buyer’s remedy repair or replace such product or any component part thereof. Any related components or other equipment manufactured by others, which may be sold with WIRETOUGH’s product, are not covered by this warranty.