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- Y E A R L I M I T E D W A R R A N T Y
Continued
6.
THIS LIMITED EXPRESS WARRANTY IS EXCLUSIVE, THE ONLY
WARRANTY MADE BY ES, AND IS IN LIEU OF ALL OTHER WARRANTIES
OR REMEDIES OF ANY NATURE WHATSOEVER TO THE ORIGINAL
OR SUBSEQUENT PURCHASERS OR USERS UNDER ANY THEORY
OF LIABILITY, WHETHER IN CONTRACT, TORT, STATUTORY LAW
OR OTHERWISE, EXCEPT FOR ACTUAL ECONOMIC DAMAGES FOR
PERSONAL PHYSICAL BODILY INJURY. ALL OTHER WARRANTIES,
REPRESENTATIONS OR REMEDIES, WHETHER ORAL, WRITTEN,
EXPRESS OR IMPLIED OR IMPOSED BY LAW ARE DISCLAIMED BY
ES AND ARE WAIVED BY THE PURCHASER, PARTICULARLY THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING,
USAGE OR TRADE PRACTICE, OR ANY WARRANTY AGAINST
PATENT INFRINGEMENT OR WARRANTY FOR WORK PERFORMED
IN A WORKMANLIKE MANNER. ELDORADO SHALL NOT BE LIABLE
UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL, SPECIAL,
INDIRECT OR PUNITIVE DAMAGES TO ANY PARTY WHATSOEVER,
INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE
TO THE BUILDING OR ITS CONTENTS, ATTORNEY’S FEES. THIS
EXCLUSION OF DAMAGES INCLUDES, BUT IS NOT LIMITED TO
PAYMENTS OF ANY NATURE MADE BECAUSE OF ACTUAL OR
POTENTIAL LIABILITY TO OTHERS, DAMAGES TO ANY OTHER PART
OF THE STRUCTURE TO WHICH THE WARRANTED PRODUCTS
ARE INCORPORATED OR DAMAGE TO ANY OTHER PROPERTY.
7.
Any complaints regarding appearance or cosmetic effect,
including but not limited to color, tint, hue, shading, grain,
texture, finish, color consistency, chipping, staining, or non-
structural cracks of products must be conveyed in writing to
ES by the Purchaser prior to commencing installation. Upon
receipt of a written complaint, ES will examine its production
records and compare them with approved samples and in the
event of a manufacturing discrepancy, will provide a remedy in
accordance with the provisions of this Warranty. ES shall have a
minimum period of sixty (60) days to investigate any complaint.
8.
This limited warranty is exclusive and is in lieu of all other
warranties or remedies at law or in equity. All other warranties,
representations, or remedies, whether oral, written,
express, implied, or imposed by law are disclaimed by ES
and waived by the Purchaser and any subsequent owner.
ES expressly disclaims any warranty of merchantability or
fitness for a particular purpose, or any warranties arising
from a course of dealing, usage or trade practice, or any
warranty against patent infringement or warranty for work
performed in a workmanlike manner. Oral statements by
ES employees or agents do not constitute warranties, shall
not be relied upon by the Purchaser or any third party, and
are not part of the contract for sale or warranty stated
herein. ES SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT
NOT LIMITED TO LOSS OF PROFITS OR ATTORNEYS’ FEES.
9.
This Warranty shall be construed and interpreted under
the laws of New York. Any provision of this warranty that is
prohibited or unenforceable in any jurisdiction shall, as to that
jurisdiction only, be ineffective to the extent of such prohibition
or unenforceability without invalidating the remaining
provisions hereof or affecting the validity of enforceability of
such provision in any other jurisdiction. Any applicability of the
Magnusson-Moss Act is hereby disclaimed. ES’ failure at any
time to enforce any of the terms or conditions stated herein
shall not be construed to be a waiver of such provisions.