EZ-WALL warrants to the original Buyer that the goods will be free from defects in material and manufacturer’s workmanship for a period up to twenty (20) years from the date of original delivery. In the event that the goods are not installed or maintain in accordance with EZ-WALL’s specifications, are modified or are damaged by accident, unreasonable use, improper maintenance or neglect, this Warranty shall become void. For the purpose of this Warranty, a defective item is an item that is found by EZ-WALL to have been defective in materials or workmanship, if the defect materially impairs the value of the goods to the Buyer.
EZ-WALL shall have no obligation or liability under this Warranty for claims arising from any other party’s (including Buyer’s) negligence or misuse of the goods, the installation of the goods in any area subject to fallout or exposure to corrosive chemicals, ash, liquids, fumes or vapors, or in any area in which the environment changes from normal to corrosive atmosphere. This Warranty does not apply to any claim or damage arising from fire, flood, accidents, structural defects, building settlement or movements, acts of God or other causes beyond EZ-WALL’s control.
Buyer must give notice of any alleged defect in the goods to EZ-WALL within 30 days after discovery of the defect by Buyer. If notice is not given within such period, any claim for breach of Warranty shall be conclusively deemed to have been waived and EZ-WALL shall not be liable under this Warranty. EZ-WALL or its agents shall be entitled to examine the goods. EZ-WALL shall have the option of requiring the return of the defective goods, transportation prepaid, to establish the claim. The acceptance by EZ-WALL of any goods returned shall not be deemed an admission that the goods are defective or in breach of any warranty, and, if EZ-WALL determines that the goods are not defective, the material shall be reshipped to the Buyer at Buyer’s expense. No product will be returned to EZ-WALL without it’s written consent.
EZ-WALL MAKES NO WARRANTY AS TO ANY GOODS NOT MANUFACTURED BY EZ- WALL. THE TERMS AND DURATION OF WARRANTIES OF SUCH GOODS, IF ANY, WILL BE SPECIFIED BY THEIR MANUFACTURERS. THE WARRANTIES HEREIN ARE IN LIEU OF ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. IN PARTICULAR, EZ- WALL MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO ANY GOODS SOLD UNDER THE AGREEMENT.
Any action for breach of the Warranty must be commenced within one year from the occurrence unless the period for action is extended by EZ-WALL in writing. No representative, agent or dealer of EZ-WALL has authority to modify, expand or extend this Warranty, to waive any of the limitations or exclusions, or to make any different or additional warranties with respect to the Product.
If EZ-WALL determines that the goods are defective, EZ-WALL may, at its option either (1) replace a pro-rata portion of the defective goods, or (2) refund to Buyer a pro-rata portion of Buyer’s cost for the defective goods. Buyer’s pro-rata share for replacement or refund for any goods that are found to be defective by EZ-WALL during the first year after the original delivery shall be 100%. Buyer’s pro rata share for each year thereafter shall be based on a fraction, the numerator of which is the number of years remaining under the Warranty at the time the original Buyer gives proper notice of a claim under the Warranty to EZ-WALL, and the denominator of which is the total number of years of the Warranty as set above. The repair, replacement or payment in the manner described above shall be the exclusive remedy of the Buyer for breach of this Warranty. EZ-WALL shall not be liable for labor or other costs of installation or removal of the defective product incurred by Buyer. Buyer shall have no right to “cover” by procuring substitute goods at the cost or expense of EZ-WALL, INC. CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, OR OTHER ECONOMIC INJURY DUE TO ANY DEFECT IN THE GOODS OR ANY BREACH BY EZ-WALL. EZ-WALL SHALL NOT BE LIABLE TO THE BUYER IN TORT FOR ANY NEGLIGENT DESIGN OR MANUFACTURE OF THE GOODS, OR FOR THE OMISSION OF ANY WARNING THEREFROM. The foregoing shall not limit Buyer’s recourse against any other manufacturer of goods sold under this Agreement, for any warranty extended by other manufacturer of goods sold under this agreement, or for any warranty extended by such manufacturer. The warranty of any such manufacturer will not be deemed to be the warranty of EZ-WALL.