LIMITED WARRANTY
The Company warrants to Purchaser that its factory applied
fusion-bonded exterior coating over hot dip galvanized will not fail or
substantially deteriorate when the coated product is properly utilized and
subjected to normal atmospheric exposure for a period of ten years from the
date of shipment by the Company (the "Warranty Period"). If
during the Warranty Period, the exterior coating exhibits any cracking,
blistering, peeling or excessive chalking or corrosion of the base metal, the Company will repair or replace
the defective coating, at its option, at no charge to the Purchaser, if the
Purchaser promptly notifies the Company in writing and furnishes proof of
purchase within sixty days of such failure or deterioration becoming evident.
Failure or substantial deterioration shall specifically exclude damage caused
by moisture or other contaminants entrapped between protective packaging
materials and coated surface, thus constituting improper storage prior to
placement in service; damage caused by improper handling during shipment and
placement in service; damage or failure caused by acts of God, falling objects,
external forces, explosion, fire, riots, civil disturbance, acts of war,
radiation, misuse or abuse in application or any other such occurrences beyond
the Company's control. The liability of the Company under this Warranty, or for
any loss or damage arising out of, or connected with, the design, application,
sale or use of the exterior coating, whether the claim is based on contract or
negligence, shall not exceed the price allocable to the value of the original
factory applied fusion-bonded coating which gives rise to the claim and upon
expiration of the Warranty Period all such liability shall terminate. The
Company shall not be liable for any special or consequential damages including,
but not limited to, loss of profits or revenue, loss of use of equipment, cost
of substitute equipment or labor charges to
remove or reinstall the defective product, nor any product transportation
expenses to and from the Company's process plant if factory replacement of the
defective coating is necessary. The foregoing Warranty is exclusive and in lieu
of all other warranties whether written, oral, express or implied and shall constitute the sole
and exclusive remedy of the Purchaser and liability of the Company. NO WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY. The
Company's products are not sold as a "consumer product" under 15
U.S.C. 62301.
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