LIMITED WARRANTY
The Company warrants to Purchaser that its factory applied
fusion-bonded exterior coating will not fail or substantially
deteriorate when the coated product is properly utilized and subjected to
normal atmospheric exposure for a period of five 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, 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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