Warranty

LIMITED ONE YEAR
WARRANTY
Speakman warrants to its purchasers only (“Buyer”) for a period of one year from the date of purchase, that goods sold
by Speakman under the terms and conditions contained herein conformed to Speakman’s internal manufacturing specifica-
tions at the time of such good’s manufacture; any goods that may prove to have had a nonconformance within one year
after purchase from Speakman will be, at Speakman’s sole option, replaced or repaired; provided that Speakman does not
guarantee or warrant the appearance of the finish due to varying atmospheric conditions, and the finish warranty is limited
to materials and workmanship at time of delivery. The need for continuing improvement of products and other factors require
the making of changes from time to time in product design, material specifications and roughing-in dimensions. Therefore,
Speakman does not warrant that its products as delivered conform to the description in its catalogs and other literature and
such conformity is not part of the basis of the bargain between Speakman and the Buyer.
THE ABOVE LIMITED ONE-YEAR WARRANTY CONTAINS THE ONLY WARRANTY MADE BY SPEAKMAN. ANY AND ALL
OTHER WARRANTIES OF ANY KIND WHATSOEVER WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITA-
TION, THOSE FOR MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED.
BUYER AGREES THAT SPEAKMAN SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,
ECONOMIC OR PUNITIVE DAMAGES EVEN IF SPEAKMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAM-
AGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, OR ANY EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO BUYER. THE
WARRANTY PROVIDED BY SPEAKMAN GIVES BUYER SPECIFIC LEGAL RIGHTS, AND BUYER MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
Buyer’s sole remedy for Speakman’s breach of the warranty herein shall be, at Speakman’s sole election, the replacement of
the nonconforming goods with conforming goods, or the replacement of the nonconforming goods with goods conforming to
Speakman’s specification at the time of such replacement, or repair of nonconforming goods. Speakman’s liability to Buyer
shall in no event exceed amounts paid by Buyer to Speakman of the nonconforming goods, and Buyer releases Speakman
from all claims and liabilities in excess of this limitation. Replacement or repair of the products returned to Speakman as
specified above will occur only after Speakman has received the returned product, reviewed the reasons for return, and
confirmed that the returned goods were in fact in breach of warranty, which review and determination will occur within thirty
(30) days after receipt of the returned material. Buyer will bear all expenses and all risk of loss in connection with the return
of any products hereunder; provided that Buyer will be reimbursed by Speakman for the cost of transportation to Speakman
of those products returned which Speakman determines to be in beach of warranty. No returned material claimed to be de-
fective by the Buyer will be accepted without Speakman’s previous written permission setting forth the manner under which
such return may be made. Speakman will not accept any charges for labor or expense required to replace defective materi-
al or damage caused thereby and any claim for damages, including consequential damages, is excluded. Buyer’s remedies
expressly set forth herein are Buyer’s exclusive remedies in connection herewith. Buyer waives all other remedies, statutory
or otherwise including, without limitation, the remedies of specific performance and replevin. The warranty on Products of
other manufacturers sold by Speakman is further limited to the warranty extended to Speakman by such manufacturers.
Any action brought by Buyer in connection with Speakman’s performance hereunder must be commenced within one year
after such cause of action accrues or will be deemed waived. Speakman neither assumes nor authorizes any other person
to assume for it any other liability in connection with the sale of its products, except in the case of express warranties which
may be issued only by Speakman in writing when at Speakman’s sole discretion, occasions or circumstances may require
such warranties For questions concerning Speakman’s warranty, contact Speakman Company at 1-800-537-2107 or write to
Speakman Company at 400 Anchor Mill Road, New Castle, DE 19720.
WWW.SPEAKMANCOMPANY.COM
400 ANCHOR MILL ROAD | NEW CASTLE, DE 19720
PHONE: [phone] | FAX: [phone]