Statement of Warranty
Warranty/Disclaimers - Connectra Fusion Technologies, LLC ("Seller") warrants for a period of three (3) years from the date of invoice that the products sold under the order invoiced (the "Products") will be free from defects in materials and workmanship, except for items supplied to Seller by other vendors in connection with the order. The items to which the warranty does not extend (the "Excluded Items") include, wihtout limitation, electrical devices, pumps, controls, and similar items. Seller assigns to the buyer of the Products, without recourse, any warranty on the Excluded Items which is provided by manufacturer thereof.
The warranty provided hereby does not apply to any product or component that has been repaired or altered by anyone other than Seller, and does not cover any failure of the Products which Seller deteremines to have been caused due to abuse, misuse, negligence or normal wear and tear.
As a condition to the buyer's exercise of its rights under this warranty, the Products must be returned to Seller's dock, freight prepaid, in Gainesville, Texas, within ten (10) days of the date of failure, accompanied by a Return Goods Authorization (available from Seller) and information related to the claim. Buyer's REMEDIES UNDER THIS WARRANTY ARE LIMITED to, at Seller's sole option, the replacement or repair of the Products determined by Seller to be defective, or a refund of the purchase price, less an allowance for services rendered by the Product prior to the warranty claim. IN NO EVENT SHALL SELLER BE LIABLE FOR LOSS OF USE, DAMAGE TO OR LOSS OF PRODUCTS OR SERVICES, FAILER TO REALIZE EXPECTED SAVINGS, FRUSTRATION OF ECONOMIC OR BUSINESS EXPECTATIONS, LOST REVENUE OR PROFITS , OR FOR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF THEY WERE FORESEEABLE OR SELLER WAS INFORMED OF THEIR POTENTIAL. Products repaired or replaced pursuant to this warranty will be delivered to buyer FOB Seller's dock in Gainesville, Texas.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO MODIFY THESE TERMS AND CONDITIONS, WARRANT SPECIFIC APPLICATIONS, OR ASSUME FOR SELLER ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF ANY SELLER'S PRODUCT OTHER THAN AS PROVIDED IN THIS WARRANTY.
This warranty may not be modified except by an instrument in writing signed by an officer of Seller.
Recommendations - Any recommendations and suggestions provided by Seller concerning its products and the use thereof are based on tests and data believed to be reliable but are not intended to be complete or exhaustive. The user is responsible for determining the applicability of governmental regulations relating to the use of the products and for all other aspects of the use of Seller's products.
Actual use of the products by others is beyond the control of Seller and Seller makes no warranty or other agreement, expressed or implied, regarding any aspect of such use. Seller shall have no liability arising from the use of Seller's products by a third party.
Modifications - Seller may improve or otherwise modify its products without any obligation to improve or otherwise modify in any way any products (including any parts or accessories) previously sold by Seller.
Distributors - Seller's products are sold through authorized distributors, who determine the price, terms and conditions of sale.
Other – No partial invalidity of this agreement shall affect the remainder. This agreement shall be governed and construed in accordance with the laws of Texas, excluding its laws relating to conflicts-of-law.
The sole purpose of the exclusive remedy contained in the limited Warranty shall be to provide repair or replacement of failed products, or to refund the purchase price of the failed product as explained above. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as Seller agrees to repair or replace the failed product or to refund the purchase price as explained above.