QuakeWrap, Inc. (QWI) warrants QuakeWrap®, QuakeBond™, and PipeWrap™ products (hereafter referred to as the Products) shall be free of defects in workmanship and/or materials at the time of delivery and that each of the Products will substantially conform to the technical properties shown on the applicable product data sheet in effect at the time of manufacture if used in accordance with directions within the stated shelf life.
THIS LIMITED WARRANTY IS QWI'S SOLE AND EXCLUSIVE WARRANTY AND IS IN LIEU OF ALL OTHER WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QWI EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, WHETHER ARISING BY STATUTE, BY LAW, BY COURSE OF DEALING OR USAGE OF TRADE INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. QWI MAKES NO WARRANTY THAT EXTENDS BEYOND, OR ARE MORE EXTENSIVE THAN, THIS LIMITED WARRANTY.
This Limited Warranty DOES NOT COVER:
Physical damage to the Products
Damage of failure resulting from improper installation, improper or abnormal use, improper or abnormal storage, fire, misuse, abuse, misapplication, or tampering
This Limited Warranty IS VOID:
If a Product has been altered or modified in any way
If a Product’s original label or trademark, patent, serial number, any of its trade dresss or other markings or identifications have been removed, defaced, altered or modified
If a Product is used contrary to instructions
If a product is exported out of the country of its original purchase
QWI’s only obligation with respect to such warranty shall be at QWI’s election, either (i) to refund the purchase price allocable to the defective or substantially non-conforming Product, or (ii) to replace any Product that is defective or does not substantially conform to the technical properties shown on the applicable product data sheet in effect at the time of manufacture, but such replacement obligation does not include any payment or other responsibility for labor costs incident to the removal and/or replacement of any defective Product.
QWI’S LIABILITY UNDER THIS WARRANTY IS LIMITED AS SET FORTH HEREIN AND THE REMEDY PROVIDED HEREIN IS THE SOLE AND EXCLUSIVE REMEDY UNDER THIS WARRANTY. QWI’S ENTIRE CUMULATIVE LIABILITY UNDER THIS WARRANTY SHALL NEVER EXCEED THE PORTION OF THE PURCHASE PRICE ALLOCABLE TO THE DEFECTIVE OR SUBSTANTIALLY NON-CONFORMING PRODUCT.
QWI’s obligation under this warranty shall extend only to the original purchaser of a Product and the owner of property to which such Product originally is applied by the original purchaser at the time the Product is applied. This warranty is not assignable.
QWI shall not have any liability to any person (i) for any special, incidental, indirect, punitive, exemplary or consequential damages of any kind including, without limitation, loss or revenue, profits, goodwill or other commercial loss or damage of any type, or arising under any legal theory including, without limitation, negligence or other tort, breach of contract or warranty, even if, and notwithstanding the fact that, QWI or any of its employees, agents, dealers, distributors or other representatives has been advised of the possibility of such damages, or (ii) for any loss or damage of any kind that results from misuse of any Product by any person whatsoever.
QWI’s liability on or as to any claim of any kind shall in no case exceed the purchase price allocable to the Products or the portion thereof on or as to which any claimed breach of warranty is based.
Although QWI personnel will be pleased to discuss potential uses of the Products in a particular application, QWI does not as a result of any such discussions. assume any greater or more extensive warranty obligation or liability than is set forth herein, and QWI's disclaimers of and limitations on its warranty obligations will remain in full force notwithstanding any such communications.
2. PROHIBITIONS ON MISUSE:
Each purchaser of Products expressly agrees not to resell any Products in their original form, but only as incorporated by such purchaser or its authorized contractors into a structure constructed with concrete, masonry, steel, or wood.
The Products and their applications are protected by applicable patent and copyright law. The Products may not be duplicated without the written permission of QWI. By submitting its order for Products, a purchaser expressly agrees that it will not, and will not attempt to, duplicate, reverse engineer or contribute in any way to the duplication or reverse engineering of any of the Products.
QWI, the Products and related logos, trade dress and other marks are trademarks of QWI. A purchaser may advertise or publicize that it has used the Products in its projects. or properties, but none of the Products may be re-branded or re-packaged by any purchaser or other person for purposes of advertising, marketing, promotion, sale, distribution or any other purpose. Any publication or mention of the reinforcing materials comprising the Products by any purchaser or other person must specifically name and refer to the Products by use of the copyrighted brand names QuakeWrap®, QuakeBond™, or PipeWrap™.
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