•
Deterioration resulting from age, storage, weathering, lack of use;
•
Continued Product use after an alleged defect is discovered or should reasonably have been discovered;
•
Improper installation of any kind by BUYER or any person; and,
•
Damage to Product caused by fire, storm or other acts of God.
SELLER expressly reserves the right to inspect the Product and its components, parts, and BUYER's installation, use,
maintenance, and any other activity or inactivity of the BUYER, when determining whether an alleged Product defect is
covered by the Limited Warranty.
LIMITATIONS ON WARRANTY; DISCLAIMER OF WARRANTIES
This Limited Warranty is provided by SELLER, and it contains the only express warranty provided to BUYER by SELLER.
SELLER does not authorize any other person, including distributors, to give any other warranties on SELLER's behalf.
SELLER DISCLAIMS ANY EXPRESS WARRANTY NOT PROVIDED HEREIN AND ANY IMPLIED WARRANTY,
GUARANTY OR REPRESENTATION AS TO PERFORMANCE, QUALITY AND ABSENCE OF HIDDEN DEFECTS, AND
ANY REMEDY FOR BREACH OF WARRANTY OR CONTRACT, WHICH BUT FOR THIS PROVISION, MIGHT ARISE
BY IMPLICATION, OPERATION OF LAW, CUSTOM OF TRADE OR COURSE OF DEALING, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Implied warranties in jurisdictions where they may not be disclaimed shall be in effect only for the duration of the express
warranty set forth herein.
If BUYER has a claim under this Limited Warranty or under any implied warranties provided to BUYER by state law,
BUYER may not file a court action based on that claim any later than one (1) year after BUYER's right to file a court
action accrues. In those states which do not allow this limitation on the time period for filing a court action, this provision
is inapplicable.
SELLER'S LIMITATION OF LIABILITY
SELLER's liability with respect to the Product sold to BUYER shall be limited to the warranty provided herein. SELLER
SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT OF BREACH OF
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW,
WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY SELLER, OR ANY UNDERTAKING, ACTS OR
OMISSIONS RELATING THERETO.
Without limiting the foregoing, SELLER SPECIFICALLY DISCLAIMS ANY LIABILITY FOR PROPERTY OR PERSONAL
INJURY DAMAGES, PENALTIES, SPECIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS OR REVENUES,
SERVICES, DOWN TIME, SHUT DOWN OR SLOW DOWN COSTS, OR FOR ANY OTHER TYPES OF ECONOMIC
LOSS, AND FOR CLAIMS OF BUYER'S CUSTOMERS OR ANY THIRD PARTY FOR ANY SUCH DAMAGES. SELLER
SHALL NOT BE LIABLE FOR AND DISCLAIMS ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES
WHATSOEVER. THE SELLER'S TOTAL LIABILITY ARISING IN CONNECTION WITH THE PRODUCT SHALL BE
LIMITED TO THE VALUE OF THE PRODUCT SOLD TO BUYER.
The SELLER's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation,
restitution, or otherwise, arising in connection with the performance or contemplated performance of the contract
between SELLER and BUYER shall be limited to the price paid for the Products.
MISCELLANEOUS
Any description of the Product, whether in writing or made orally by SELLER or SELLER's agents, specifications,
samples, models, bulletins, drawings, diagrams or similar materials used in connection with BUYER's order, are for
the sole purpose of identifying the Product and shall not be construed as an express warranty. Any suggestions by
SELLER or SELLER's agents regarding use, application, or suitability of the Product shall not be construed as an express
warranty unless confirmed in writing by SELLER to be such.
Actualizado por última vez en julio de 2023.
Para consultar la versión más actualizada, visite https://www.scanstrut.com/support/warranty
Información sobre la garantía
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