THIS WARRANTY AGREEMENT (hereinafter referred to as the “Agreement”) is made and entered into on the day of “Purchase” (hereinafter referred to as the “Effective Date”) by and between (hereinafter referred to as the “Purchaser”) and (hereinafter referred to as the “Company”).
In consideration of the promises and mutual covenants contained in this Agreement, the parties agree as follows:
1. Products
This Agreement applies to COMPANY branded products (the “Products”) purchased by the Supplier for the purpose of supplying from COMPANY or any of its subsidiaries or affiliates.
2. Scope
The objective of this Agreement is to resolve complaints regarding quality in a manner that is speedy, not bureaucratic, and cost-efficient.
3. Product Limited Warranty
3.1 COMPANY warrants that its products will be free from defects in materials and workmanship for a period of one year from the date of purchase by the original end user.
3.2 While applying under this Limited Warranty, the Customer must provide the original Purchase Receipt of the Product to validate the warranty.
3.3 During the warranty period, COMPANY will, at its option:
(a) provide replacement parts necessary to repair the product
(b) repair the product or replace it with a comparable product, or
(c) Power Tools cannot be used to install or remove wheel locks or key warranty will be voided if damaged
(d) refund the amount the Supplier paid for the product, LESS DEPRECIATION, upon its return.
4. Assistance
A supplier must assist the COMPANY in diagnosing issues with the product and follow the COMPANY warranty process. The supplier must obtain warranty service only from the COMPANY. COMPANY will not reimburse Supplier for service performed by others.
5. Delivery
Supplier may be required to deliver the Product to and from an authorized service facility at Supplier’s expense. If COMPANY asks Supplier to return defective parts or products, Supplier must do so within 7 days after Supplier receives the replacement parts or products. COMPANY will charge the Supplier for replacement parts or products if the Supplier fails to do so.
6. Acts Not Covered
THIS LIMITED WARRANTY DOES NOT COVER ANY MISUSE OF THE PRODUCT OR MINOR IMPERFECTIONS WITHIN DESIGN SPECIFICATIONS OR MATERIALLY ALTER FUNCTIONALITY. THE COMPANY DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY ACTS OF GOD, MISUSE, ABUSE, NEGLIGENCE, ACCIDENTS, UNAUTHORIZED SERVICE OR PARTS, POWER TOOLS WEAR AND TEAR, UNREASONABLE USE, OR BY OTHER CAUSES UNRELATED TO DEFECTIVE MATERIALS OR WORKMANSHIP. THIS WARRANTY SHALL NOT APPLY TO PRODUCTS THAT HAVE HAD THE WARRANTY SEAL ON THE PRODUCT REMOVED, BROKEN, OR OTHERWISE MISSING. IN SUCH CIRCUMSTANCES, THE PRODUCTS SHALL BE DEEMED AS OUT OF WARRANTY, AND THE ONLY REMEDY AVAILABLE SHALL BE LIMITED TO REPAIR AT THE USER’S COST.
7. Disclaimer of Warranties.
EXCEPT FOR THE WARRANTIES EXPRESSED IN THIS AGREEMENT, THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. THE TERMS OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERMS OF THIS AGREEMENT.
8. Limitation of Liability
THE COMPANY’S AND SUPPLIER’S MAXIMUM LIABILITY TO THE OTHER IS LIMITED TO THE PURCHASE PRICE PAID BY THE SUPPLIER FOR PRODUCTS PLUS INTEREST AS ALLOWED BY LAW. NEITHER SUPPLIER NOR COMPANY IS LIABLE TO THE OTHER IF SUPPLIER OR COMPANY IS UNABLE TO PERFORM DUE TO EVENTS WHICH ARE BEYOND THE CONTROL OF COMPANY OR SUPPLIER, SUCH AS ACTS OF GOD, OR FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, HOWEVER, CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
9. STATE LAW RIGHTS
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS OR EXCLUSIONS MAY APPLY TO YOU. THIS EXTENDED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
10. Dispute Resolution
10.1 Any dispute arising under this agreement shall be submitted to binding arbitration under rules then prevailing of the American Arbitration Association and judgment upon the award rendered may be entered and enforced in any court of competent jurisdiction.
10.2 The party submitting such dispute shall request the American Arbitration Association to:
Appoint an arbitrator who is knowledgeable in the area familiar with the industry and who will follow substantive rules of law. Judgment upon the award made in such arbitration may be entered and enforced in any court of competent jurisdiction. Except where prevented by the area of dispute, both parties agree to continue performing their respective obligations under this agreement while the dispute is being resolved. Both parties will use their best efforts to resolve any disputes prior to invoking the arbitration procedures. If either party fails to perform its obligation as set forth in this agreement and such failure to perform is not corrected within thirty (30) days of written notifications of such failure from the other, the matter may be turned over to arbitration upon ten (10) days written notice to the other party.
11. Assignment
Supplier may not assign this Agreement without COMPANY’s written consent. COMPANY may assign this Agreement without Supplier’s consent and without notice to Supplier. If the COMPANY does assign this Agreement, the assignee will assume all obligations to Supplier, COMPANY will be released of all obligations.
12. Inconsistency
If there is any inconsistency between this Agreement and any other agreement included with or relating to products or services purchased from COMPANY, this Agreement shall govern.
13. Amendments
This Agreement may not be modified, altered, or amended without the written agreement of COMPANY. Any additional or altered terms shall be null and voided unless expressly agreed to in writing by the COMPANY.
14. Severability
If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired.
15. Governing law
This Agreement shall be interpreted under the laws of the State of Florida, without giving effect to conflicts of law rules.
