Warranty
WARRANTY, EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY. InterMetro
Industries Corporation (hereinafter referred to as “Seller”) warrants to the original
purchaser that all products in its catalog, or custom products, delivered hereunder will be
free from defects in workmanship and material. THE FOREGOING WARRANTY IS
EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR
STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. This Warranty shall be for a period of one (1) year from the
date of shipment from Seller’s warehouse or factory. If any product delivered hereunder
does not meet the Warranty specified above, providing the product has not been altered
in any way by anyone other than Seller’s factory-authorized representative, and assuming
normal and proper use and maintenance, Seller will, at its option, repair or replace any
part or material it determines, upon inspection, to be defective; provided, however, that
a charge for labor will be made except during a period of ninety (90) days from the date
of original shipment from Seller’s warehouse or factory. No product, or part thereof, is
to be returned to Seller without prior written approval from Seller’s factory. All
exchanges and replacement shipments will be F.O.B. Seller’s factory. Warranties for
equipment or articles not manufactured by the Seller are solely the warranties of the
manufacturers thereof and they are hereby assigned to the purchaser without recourse
to the Seller.
SELLER’S LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED ON CONTRACT,
NEGLIGENCE OR STRICT LIABILITY IN TORT, AND BY WHOMEVER MADE, FOR ANY
DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS, DAMAGE OR INJURY,
RESULTING TO THE PURCHASER OR ANY THIRD PARTIES, arising out of, connected
with or resulting from this Agreement, or from the performance or breach thereof, or
from the manufacture, sale, delivery, resale, installation, inspection, repair or use of any
product covered by or furnished under this Agreement, WHETHER OR NOT CAUSED BY
SELLER’S NEGLIGENCE, SHALL IN ALL EVENTS BE EXCLUSIVELY LIMITED TO THE
COST OF CORRECTING DEFECTIVE, DAMAGED OR NON-CONFORMING PARTS OR
MATERIAL AS HEREIN PROVIDED, and upon the expiration of one (1) year, all such
liability shall terminate.
SELLER DOES NOT AUTHORIZE any person to assume for it any obligations or liabilities
greater than or different than those set forth in this Warranty. The terms under which
any of Seller’s products may be resold must be limited in accordance with this Warranty.
THIS AGREEMENT, and all the rights and obligations arising hereunder, shall be
construed in accordance with, and be governed by, the law of the Commonwealth of
Pennsylvania, U.S.A.
InterMetro Industries Corporation
Wilkes-Barre, PA 18705
10/83
®
