Warranty

WARRANTY
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to purchaser’s direct cost, fair market value, or the limits of any
insurance in effect, and providing coverage for Boyd, whichever
is less. The remedies of the Covered Party, and any other party,
arising out of or related to the Products, set forth herein are
exclusive, and the liability of Boyd with respect to the Products, or
anything done in connection therewith, or from the manufacture,
sale, delivery, resale, installation or use of any of the Products
sold by Boyd whether arising out of contract, negligence, strict
liability, tort, or under any warranty, or otherwise, shall not exceed
the price paid by the Covered Party for the portion of the Products
upon which the liability is based. THIS WARRANTY IS EXCLUSIVE,
AND IN LIEU OF ALL OTHER WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, COMPLIANCE WITH ANY BUILDING OR SAFETY LAWS
OR CODES, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR OTHER WARRANTY,
WHETHER EXPRESSED OR IMPLIED, EXCEPT THE WARRANTY OF
TITLE AND AGAINST PATENT INFRINGEMENT FOR PRODUCTS OF
BOYD’S DESIGN.
Entire Agreement. This Warranty contains the entire agreement
of Boyd and the Covered Party as to Boyd’s warranty obligations
and other matters referenced herein. In the event of any conflict
between this Warranty and any other agreements between the
parties, the terms, conditions and limitations of this Warranty
shall control, unless the conflicting agreement or provision
specifically references that it takes precedence over a particular
term of this Warranty and is in writing signed by both parties.
In the event that any provision of this Warranty is found to be
invalid or unenforceable, such provision shall be reformed to
the extent necessary to make it valid and enforceable, provided
that if reformation will not remove the objection to validity or
enforceability, such provision shall be deleted from this Warranty,
and each and every other provision of this Warranty shall remain
in full force and effect. This Warranty shall be construed and
enforced in accordance with the internal laws of the State of
Missouri. No distributor, dealer, or retailer of Boyd’s Products has
the authority to change, amend or expand this limited warranty.
Disputes, Arbitration. Any disputes between the parties relating
to this Warranty, the applicability of this Warranty, the rights
and obligations of the parties under this Warranty, or relating
to the performance of the Products, shall be submitted to
binding arbitration in accordance with the American Arbitration
Association rules and procedures for the Construction Industry,
before one (1) arbitrator. The venue for the arbitration shall
be as agreed to by the parties, and if no agreement is reached
with ten (10) days of the dispute being submitted to arbitration,
the arbitration shall be conducted in the location where the
Products were initially received by Menards. The arbitrator may
establish reasonable procedures to permit the parties to appear
at the hearing via video conferencing. The costs and fees of the
arbitration and the arbitrator(s) shall be shared equally by the
parties. Each party shall bear its own attorney fees, expert fees
and hearing expenses.
The Covered Parties agree that they may assert claims against
Boyd only in their individual capacity, and not as a plaintiff or
member of a class in any class action proceeding. REJECTION
OF THESE DISPUTE RESOLUTION PROVISIONS MUST BE SENT TO
BOYD AT THE ADDRESS PROVIDED ABOVE WITHIN 30 DAYS OF THE
COVERED PARTY’S RECEIPT OF THE PRODUCTS COVERED BY THIS
WARRANTY, OTHERWISE THE COVERED PARTY AND BOYD SHALL BE
BOUND HEREBY.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION
THAT MAY BE ENFORCED BY THE PARTIES.
©2018 Boyd Aluminum Manufacturing Company. The Logo including the sunburst is a registered
trademark of Boyd Aluminum Manufacturing Company. All rights reserved. 008A 03/18
Windows, Patio Doors, Storefront Doors,
and Stock Lengths by Boyd.
PO Box 1565, Springfield, MO 65801.1565