FireRock ARCHED FRONT, Installation, Specification And Operation Manual

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LIMITED WARRANTY IN EXHIBIT A, BUYER’S SOLE REMEDY SHALL BE THE REMEDY SET FORTH IN THE EXPRESS
LIMITED WARRANTY IN EXHIBIT A. TO THE FULLEST EXTENT ALLOWED BY LAW, THE EXPRESS LIMITED
WARRANTY IN EXHIBIT A IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, TERMS OR CONDITIONS,
EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF TITLE, OR
WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, ALL OF
WHICH ARE EXPRESSLY DISCLAIMED. FIREROCK NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON
TO ASSUME FOR IT ANY OTHER WARRANTY OR LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION,
MAINTENANCE OR USE OF THE GOODS.
FIREROCK SHALL NOT BE LIABLE UNDER THE WARRANTY SET FORTH IN EXHIBIT A IF ITS TESTING AND
INSPECTION DISCLOSE THAT THE ALLEGED DEFECT OR MALFUNCTION IN THE GOODS DOES NOT EXIST OR
WAS CAUSED BY BUYER’S OR ANY OTHER PERSON’S MISUSE, NEGLECT, IMPROPER INSTALLATION OR TESTING,
UNAUTHORIZED ATTEMPTS TO REPAIR OR MODIFY THE GOODS, NORMAL WEAR AND TEAR, OR ANY OTHER
CAUSE BEYOND THE RANGE OF ITS INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING, OTHER HAZARDS,
OR ACT OF GOD. THE WARRANTY SET FORTH IN EXHIBIT A DOES NOT APPLY WHEN THE MALFUNCTION
OR DEFECT RESULTS FROM INSTALLATION OF THE GOODS OTHER THAN IN FULL COMPLIANCE WITH THE
GOODS’ INSTALLATION AND SPECIFICATION MANUAL AND APPLICABLE BUILDING CODES, OR THE USE OF
THE GOODS IN CONJUNCTION WITH ACCESSORIES, OTHER PRODUCTS, OR ANCILLARY OR PERIPHERAL
EQUIPMENT AND FIREROCK DETERMINES THAT THERE IS NO DEFECT WITH THE ACTUAL GOODS.
12. LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT ALLOWED BY LAW, FIREROCK ALSO EXCLUDES
FOR ITSELF, ITS SUPPLIERS AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, ANY LIABILITY, WHETHER
BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL THEORY, FOR
INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR THE LOSS
OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF PROPERTY, OR OTHER FINANCIAL LOSS ARISING OUT
OF OR IN CONSEQUENCE WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE,
OR INTERRUPTION OF THE GOODS, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL FIREROCK’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO
THIS AGREEMENT OR THE SALE OF THE GOODS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID TO FIREROCK BY
BUYER FOR THE APPLICABLE GOODS SOLD HEREUNDER.
13. INDEMNIFICATION:
FIREROCK SHALL NOT BE LIABLE FOR AND BUYER AGREES TO INDEMNIFY, DEFEND
AND HOLD HARMLESS FIREROCK FOR ALL LOSS, DAMAGE, PERSONAL INJURY (INCLUDING DEATH), PROPERTY
DAMAGE, OR OTHER LIABILITY ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE (INCLUDING GROSS
NEGLIGENCE) OR WILLFUL MISCONDUCT OF BUYER, ITS EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS,
HEIRS AND ASSIGNS.
14. TERMINATION:
In addition to any remedies that may be provided under this Agreement, FireRock may terminate this
Agreement with immediate effect upon written notice to Buyer, if Buyer: (a) fails to pay any amount when due under this
Agreement; (b) has not otherwise performed or complied with this Agreement, in whole or in part; or (c) becomes insolvent,
files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership,
reorganization or assignment for the benefit of creditors.
TERMS & CONDITIONS
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