Install Instructions
WARRANTIES AND REMEDIES. DiversiTech Corporation (“Seller”) warrants that, at the time of shipment, the Products manufactured and sold by it
hereunder will, for a period of twelve (12) months from date of shipment, be free from defects in material and workmanship. Seller's obligations, and the
purchaser and/or end user’s (collectively “Buyer”) remedies, under this Warranty are limited to replacing and/or issuing an appropriate credit, at Seller's
election, for any Products or parts thereof which are demonstrated, to Seller's reasonable satisfaction, to have been defective at the time of shipment.
Defective conditions in the Products caused by Buyer, third parties, acts of God, abnormal use or stress of any other matters unrelated to Seller and beyond its
reasonable control are specically excluded from coverage under this Warranty.
Buyer agrees to notify Seller in writing within 30 days of the discovery of any defect which would give rise to a claim under the Warranty. Failure to so notify
Seller with respect to any claim shall result in the forfeiture by Buyer of coverage of that claim under the Warranty.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IS GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. IN NO EVENT SHALL SELLER
BE LIABLE FOR LOSS OF USE, REVENUE OR PROFIT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.
In the event that Buyer has a claim under this Warranty, Buyer will forward all relevant information (including a representative sample) and request
authorization from Seller's Sales Department to return the material. Seller will then determine whether the Product should be inspected at Buyer's facility (in
which case, Seller may supply its own inspector) or returned to Seller for inspection. If items are authorized to be returned to Seller's facility, they shall be
packed in original or equivalent packaging. All Products and parts therefore, not found defective by Seller will be returned to Buyer, transportation charges
collect. In no event will Seller be liable for any packaging expenses, inspection costs or labor charges incurred by Buyer in connection with the processing of
claims under this Warranty or the return of defective Products.
LIMITATION OF LIABILITY: The liability of Seller to Buyer arising out of the manufacture, sale, delivery, resale, repair or use of any of the Products, whether
based on a theory of contract or tort, shall not, in any event, exceed the cost of correcting defects or making replacements as required in the Warranty and
such remedy shall be to the exclusion of any and all other remedies, regardless of the legal theory under which liability is alleged. Seller’s warranty does not
extend to any injury or damage which results from or is in any way connected to the possession, sale, use, resale, transfer, misuse, misapplication or failure to
inspect, maintain or repair the Products. Seller shall not be responsible for any failure by Buyer to comply with any applicable federal, state or industry law or
safety requirement regarding the Product. Upon the expiration of the warranty period, all liability of Seller to Buyer shall terminate, and no action arising out
of the sale of the Products may be brought by the Buyer or user after expiration of the warranty period, regardless of the legal theory under which the action
is brought. IN NO EVENT SHALL SELLER BE LIABLE FOR LOSS OF USE, LOST REVENUES, LOST PROFITS, COSTS OR EXPENSES, (INCLUDING LEGAL
FEES) OR FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
CS-2 13.003