Warranty

the expiration of the guarantee period, other express agreements being reserved. Upon
expiration of the guarantee period, Jakob’s assurances of special properties shall be
deemed terminated. If the special properties are not fulfilled, or only partially fulfilled, Buyer
shall immediately provide written notice of the same and Jakob shall thereafter have a
reasonable period of time to cure any noncompliance. If Jakob is unable or only partially
able to cure a noncompliance under this section, then Buyer shall be entitled to a rebate for
the reasonable reduction in the value of the goods supplied. However, Jakob shall not be
liable for any resulting damages or consequential damages.
10.4 This express guarantee is the sole and exclusive guaranty pertaining to Jakob’s products.
In addition to the other provisions contained herein, this guarantee is subject to the
following conditions and limitations:
a. Jakob’s liability shall be limited to repair or replacement, at Jakob’s sole discretion,
of goods or parts found to be defective in materials or workmanship. This
guarantee shall be the Buyer’s exclusive remedy in contract, tort and otherwise.
b. Except as otherwise provided, the quality of Jakob’s products shall be in
accordance with Jakob’s specifications.
c. Determination of the suitability of the materials for the use contemplated by Buyer
is the sole responsibility of the Buyer and Buyer’s agents.
d. Jakob shall not be liable for any harm or damage resulting from failure due to:
improper use or abuse of the product; use in applications for which the product is
not intended; corrosion; ordinary wear and tear; improper installation by others;
improper handling; and improper maintenance.
e. Service by anyone other than authorized Jakob Representatives shall void this
warranty, unless conclusively proven by clear and convincing evidence to be serviced
in accordance with Jakob’s guidelines and standards of maintenance and
workmanship.
10.6 Jakob expressly disclaims any implied warranties. There are no implied warranties of
merchantability, fitness for purpose or any other warranties, express or implied, and none
shall be implied by law or by the Buyer’s particular facts and circumstances. The duration
of any warranties that are nonetheless mandated by law for the benefit of a consumer and
which cannot be legally waived shall be limited to a period of one year from the date of
Buyer’s original purchase. Please see Jakob’s maintenance guidelines for additional
information.
11. Additional Exclusions of Liability
11.1 Any claims alleging a breach of contract and any of the legal or factual consequences
thereof, regardless of the legal grounds on which they are based, shall be governed by
these General Terms and Conditions.
11.2 In no event shall Buyer be entitled to pursue any claims against Jakob for damages that
have not occurred upon or directly to the goods delivered by Jakob. Accordingly, Buyer
hereby waives any right or remedy involving consequential, resulting and/or indirect