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Idiomas disponibles
MANUFACTURER'S REPESENTATIONS AND WARRANTIES
Bio Green USA Inc.
2881 Busse Road
Elk Grove Village, IL 60007
United States
These Representations and Warranties are applicable to
all customers (the "Customers" and each, individually, a
"Customer") purchasing products (the "Products") manu-
factured by Bio Green USA Inc. (the "Company").
1. Warranty and Limitations:
1.1. Company warrants solely to the original purchaser
of the Products that for the Warranty Period (as defined
below), the Products will be free from defects in materials
and workmanship under normal use, and will conform to
Company's published specifications of the Products. Not-
withstanding the foregoing, Company retains its right to
deviate from its published specifications due to the latest
innovations and improvements in function and design of
the Products.
1.2. The foregoing warranty is subject to the proper stor-
age, transportation and use of the Products, and does not
include defects due to normal wear and tear or deteriora-
tion.
1.3. Customer shall immediately, but in any event no later
than eight (8) days following delivery of the Product,
inspect the Products for conformity and visible defects.
Customer shall give Company immediate written notice
of any non-conformities or visible defects regarding the
Products. In the event that Customer fails to provide the
Company within eight (8) days following delivery of the
Products with notice of any non-conformities or visi-
ble defects, any warranty claims in this regard shall be
deemed waived.
1.4. Customer shall immediately notify Company in
writing of any other defects of the Products and return
such defective Product. Prior to any shipment of a de-
fective Product, Customer shall contact Company first at
the address provided in 1.9. Company's sole obligation
under the foregoing warranty is, at Company's option and
in its sole discretion, to repair, replace or exchange the
defective Product. Any repaired, replaced or exchanged
Products shall be subject to this warranty, following
their repair, replacement or exchange. If Company has
received notification from Customer, and no defects of
the Product could be discovered, Customer shall bear the
costs that Company incurred as a result of the notice. It
shall be in Company's sole discretion to determine if the
Product has a defect. In no event shall Company bear the
costs of disassembly.
1.5. With respect to orders made to custom, any defects
of the Products caused by Customer's specifications are
excluded from the warranty set forth in 1.1.
1.6. Company also makes no warranty that the Products
manufactured under an order made to custom do not in-
fringe the intellectual property or other proprietary rights
of any third party and Customer is solely responsible for
assuring that such Products do not so infringe.
1.7. The "Warranty Period" begins on the date of delivery
of the Product to Customer, and continues to be in effect
for twenty-four (24) months. The "Warranty Period" shall
be suspended for the time of repair, replacement or ex-
change until the repaired, exchanged or replaced product
has been returned to Customer.
1.8. Company does not authorize any person or party to
assume or create for it any other obligation or liability in
connection with the Products except as set forth herein.
1.9. All requests and notices under this Warranty shall be
directed to:
Bio Green USA Inc.
2881 Busse Road
Elk Grove Village, IL 60007
United States
1.10. THE WARRANTY SET FORTH IN SECTION 1.1 IS MADE
IN LIEU OF ALL OTHER WARRANTIES (WHETHER EXPRESS
OR IMPLIED), RIGHTS OR CONDITIONS, AND CUSTOMER
ACKNOWLEDGES THAT EXCEPT FOR SUCH LIMITED WAR-
RANTY, THE PRODUCTS ARE PROVIDED "AS IS." COM-
PANY SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION,
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF ANY
KIND, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND
THOSE WARRANTIES ARISING FROM A COURSE OF PER-
FORMANCE, A COURSE OF DEALING OR TRADE USAGE.
2. Limitation of Liability:
2.1. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSE-
QUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL
OR USE, INCURRED BY CUSTOMER OR ANY THIRD PARTY,
WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT
LIABILITY, OR IMPOSED BY STATUTE, OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAG-
ES. COMPANY'S LIABILITY FOR DAMAGES ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT SHALL
IN NO EVENT EXCEED THE PURCHASE PRICE OF THE
PRODUCTS. IT IS AGREED AND ACKNOWLEDGED THAT
THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE
RISKS BETWEEN COMPANY AND CUSTOMER, THAT COM-
PANY'S PRICING REFLECTS THIS ALLOCATION OF RISK,
AND BUT FOR THIS ALLOCATION AND LIMITATION OF
LIABILITY, COMPANY WOULD NOT HAVE ENTERED INTO
THIS AGREEMENT.
2.2. IN JURISDICTIONS THAT LIMIT THE SCOPE OF OR
PRECLUDE LIMITATIONS OR EXCLUSION OF REMEDIES
OR DAMAGES, OR OF LIABILITY, SUCH AS LIABILITY FOR
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR
DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUD-
ED, THE LIMITATION OR EXCLUSION OF WARRANTIES,
REMEDIES, DAMAGES OR LIABILITY SET FORTH ABOVE
ARE INTENDED TO APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW. CUSTOMER MAY ALSO
HAVE OTHER RIGHTS THAT VARY BY STATE, COUNTRY
OR OTHER JURISDICTION.
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