|
PRODUCT LIMITED LIFETIME WARRANTY )
<br /> SPEARS
<br /> Except as otherwise specified for certain products, mandated by law or herein provided, Spears® Manufacturing Company
<br /> ("Company")warrants Standard Catalog Products ("Products")which have been directly manufactured by them to be free from
<br /> defects in material and workmanship for as long as the original intended end user of the Products("End User")retains ownership
<br /> and possession of the Products and complies with this Warranty ("Warranty Period"). Each other person or entity acquiring or
<br /> employing the Products,including buyers, contractors and installers("Buyer")and End Users("Buyer/End User")agrees that this
<br /> Warranty shall be effective only during the Warranty Period so long as the Products are used solely for the normal purposes for
<br /> which they are intended and in conformance with industry established standards, engineering, installation, operating, and mainte-
<br /> nance specifications,recommendations and instructions including explicit instructions by the Company;the Products are properly
<br /> installed,operated and used,and have not been modified;and all the other terms of this Warranty are complied with.Any violation
<br /> thereof shall void this Warranty and relieve Company from all obligations arising from this Wailanty and the Products.
<br /> Upon receipt or discovery of any Products that appear questionable or defective each Buyer/End User shall promptly inspect
<br /> and return any such Product to the Company at 15853 Olden Street, Sylmar, California 91342, accompanied by a letter stating
<br /> the nature of any problems. If the Products are determined by Company to be defective in materials or workmanship directly
<br /> provided by Company, Company, at its sole option, may either repair or replace the defective Products, or reimburse applicable
<br /> Buyer/End User for the cost of such Products. The applicable Buyer/End User shall bear all applicable shipping costs. THIS
<br /> SHALL BE BUYERS/END USERS' SOLE REMEDY. EACH BUYER/END USER AGREES THAT COMPANY WILL NOT
<br /> BE RESPONSIBLE FOR ANY OTHER OBLIGATIONS RELATING TO THE PRODUCTS, INCLUDING ANY OTHER
<br /> MATERIALS OR LABOR COSTS,LOSS OF USE OR ANY OTHER ITEM OR FOR ANY DELAYS IN COMPLYING WITH
<br /> THIS WARRANTY BEYOND COMPANY'S REASONABLE CONTROL.
<br /> COMPANY SHALL NOT BE LIABLE FOR, DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY,
<br /> RESPONSIBILITY AND DAMAGES: DUE TO ANY BUYER/END USER'S FAILURE TO COMPLY WITH THIS
<br /> WARRANTY, INCLUDING IMPROPER INSTALLATION, USE OR OPERATION; USE WITH PRODUCTS FROM OTHER
<br /> MANUFACTURERS THAT DO NOT MEET ASTM OR OTHER APPLICABLE PRODUCT STANDARDS; IMPROPER
<br /> CONTROL OF SYSTEM HYDRAULICS, IMPROPER WINTERIZATION PROCEDURES, IMPROPER VOLTAGE SUPPLY,
<br /> CONTACT WITH INCOMPATIBLE MATERIALS OR CHEMICALS, EXCAVATION/DIGGING, EXCESSIVE WEIGHT,
<br /> AND VANDALISM; DUE TO REASONABLE WEAR AND TEAR AND DUE TO ANY ACTS OF NATURE, INCLUDING
<br /> LIGHTNING,EARTHQUAKES,GROUND MOVEMENT,FROST HEAVE, OR FLOODS.
<br /> COMPANY EXTENDS ONLY THIS WARRANTY AND EXPLICITLY DISCLAIMS ALL OTHER WARRANTIES,
<br /> WHETHER IMPLIED OR OTHERWISE EXPRESSED, WHETHER ORAL, STATUTORY OR OTHERWISE, INCLUDING
<br /> ANY IMPLIED WARRANTIES OR AFFIRMATIONS FOR SUITABILITY, MERCHANTABILITY OR FITNESS FOR
<br /> A PARTICULAR PURPOSE. NO AFFIRMATION BY COMPANY OR ANY OF ITS REPRESENTATIVES, BY WORDS,
<br /> CONDUCT OR OTHERWISE, SHALL CONSTITUTE A WARRANTY. THIS WARRANTY MAY NOT BE TRANSFERRED,
<br /> EXTENDED,ALTERED OR OTHERWISE MODIFIED IN ANY MANNER,EXCEPT BY WRITTEN AGREEMENT SIGNED
<br /> BY COMPANY.
<br /> BY ITS ACCEPTANCE OF THE PRODUCTS, EACH BUYER/END USER EXPRESSLY WAIVES ALL OTHER LIABILITY
<br /> OR OBLIGATION OF ANY KIND OR CHARACTER OF COMPANY, INCLUDING LIABILITY PREDICATED UPON
<br /> CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE GROUNDS, AND ALL, IF ANY,
<br /> DAMAGES AND LOSSES AS A RESULT THEREOF,INCLUDING ALL,IF ANY,COMPENSATORY,GENERAL, SPECIAL,
<br /> CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES. WITH RESPECT TO SUCH WAIVERS, EACH BUYER/
<br /> END USER EXPLICITLY WAIVES CALIFORNIA CIVIL CODE §1542 WHICH STATES "A GENERAL RELEASE DOES
<br /> NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
<br /> THE TIME OF EXECUTING THIS RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY ADVERSELY
<br /> AFFECTED HIS SETTLEMENT WITH DEBTOR"AND ALL OTHER SIMILAR STATUTORY,COMMON AND CASE LAW
<br /> RIGHTS,DEFENSES AND LIMITATIONS.
<br /> Having previously independently inspected the Products, or a sample, as fully as desired, or having the opportunity to and
<br /> having not done so, upon acceptance of delivery of the Products, and except as otherwise herein explicitly provided, each
<br /> Buyer/End User by acceptance or use of the Products accepts them in their"AS IS"and"WITH ALL FAULTS"condition without
<br /> any other warranty, expressed,implied or otherwise,and accepts and assumes the entire risk and cost of all servicing,remediation
<br /> and consequences thereof. This Warranty shall be governed by California law and any unenforceable provisions severed without
<br /> affecting the remaining provisions. As used herein, "including" includes"without limitation."
<br />
|