Warranty

OTHERWISE PROVIDED IN THIS LIMITED REPLACEMENT
WARRANTY. MANUFACTURER ASSUMES NO RESPONSIBILITY THAT THE
GOODS WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH THE
PURCHASER MAY BE BUYING THESE GOODS, EXCEPT AS OTHERWISE
PROVIDED IN THIS LIMITED REPLACEMENT WARRANTY. Manufacturer makes
no representation as to the proper use of any construction film materials. Additionally,
the determination of suitability for a particular use or of any particular method employed
in using and/or applying this material is not the responsibility of
Manufacturer. Purchaser shall be solely responsible for determining the adequacy of the
product for any and all uses to which the purchaser shall apply the product, and the
application of the product by purchaser shall not be subject to any implied warranty of
fitness for that purpose. Manufacturer hereby gives notice that any statements,
descriptions, or other communications made by Manufacturer in the sale of the subject
product shall not create any warranty that the product shall be fit for any particular
purpose or otherwise create any express warranty not explicitly contained in this
agreement. Statements, descriptions or other communications are informational only,
and not made or given as a warranty of the product in any way.
IV. By accepting this Limited Replacement Warranty or by using the subject product,
purchaser/user waives all liability arising under law or otherwise, WHETHER OR NOT
CAUSED BY MANUFACTURER’S NEGLIGENCE, except to the limited extent set
forth herein.
V. The Limited Replacement Warranty shall not apply to any products that have been
repaired or altered by anyone other than Manufacturer. Any damages resulting from the
alteration, modification, or misuse of products made by Manufacturer shall in no way be
the responsibility of Manufacturer.
Section 3 — Binding Arbitration
By use and/or application of the products described herein, it is agreed that any
controversy or claim arising out of or relating to said use and/or application shall be
decided by binding arbitration in accordance with the United States Arbitration Act
(Title 9, U.S. Code) in Dallas, Texas. The arbitration shall be conducted by a
mutually agreeable arbitrator. If the parties are unable to agree upon an arbitrator,
then each party shall pick an individual qualified to serve as an arbitrator and those
two individuals shall then appoint a third arbitrator. Discovery shall be limited to
one deposition and one set of twenty-five interrogatories per party. The arbitrator’s
award shall be final and may be confirmed by the judgment of a state or federal
court in the jurisdiction where the arbitration occurred. The arbitrator(s) shall have
no power or authority to award exemplary or punitive damages, or to alter, amend,
or supplement any term, condition, or provision of this agreement. The parties
consent to jurisdiction and venue in competent state and federal courts in Dallas,
Texas. Each party shall bear its own attorney’s fees, regardless of the outcome of the