FLEX TEMP LIMITED WARRANTY (NORTH AMERICAN CONSUMER SALES)
This Limited Warranty ("Warranty") outlines applicable coverage and claims procedures for Products, as defined herein, sold as
Flex Temp™ Aftermarket Division which is referenced herein as "Warrantor", "we", "us" or "our".
Coverage.
Subject to the following terms and conditions, we warrant ONLY to you as the original consumer ("you" or
"your") who purchases the product directly from Flex Temp™ Facility or authorized Flex Temp™ Dealer, that the products that
we manufacture, distribute and/or sell to you that are not already covered by a separate written warranty from another
manufacturer (the "Product(s)") will be free from defects in materials and workmanship at the time of retail sale. We will honor
this Warranty for a period of one (1) year from the date of retail purchase, and only for Products sold and used in the United
States and Canada.
Service.
For Products having a covered defect within the Warranty period, we will, in our sole and absolute discretion, repair or
replace the Product or related component with a new or refurbished component or provide a pro rata refund of that portion of
the Product. Labor will be allowed if a designated flat rate time is outlined by us and will be limited to the published flat rate
amount. There is no other warranty.
Notice.
Proof of purchase must be provided to us to be eligible for coverage. No remedy will be required or offered unless we
receive written notice of a claimed defect. You must make any claim of defect, including without limitation under this Warranty,
in writing, with full particulars, promptly after the defect was or reasonably should have been discovered, and in any event no
later than thirty (30) days of its discovery. Your written notice must describe the defect, provide your name and address, and
state the location of the Product. As a condition of coverage, we must be provided access to the original Product for inspection,
testing, or other work at our discretion. The Product must remain unmodified. We will not consider any claims for Products (or
any components thereof) that are not in their original form. Failure to give us proper notice of a claimed defect, or performing
any modification, replacement, attempted repair, self-help, or alteration of the Product or other product into which our Product
has been incorporated without our prior written approval and before we inspect or test the Product, will constitute an absolute
waiver and release of all claims under this Warranty.
Transferability.
THIS WARRANTY IS NOT ASSIGNABLE OR TRANSFERABLE. THIS WARRANTY EXTENDS ONLY TO YOU, THE
ORIGINAL CONSUMER PURCHASING A PRODUCT DIRECTLY FROM WARRANTOR'S FACILITIES AND WILL NOT BE CONSTRUED
TO EXTEND TO ANY THIRD-PARTY. THERE ARE NO THIRD-PARTY BENEFICIARIES TO THE WARRANTY'S TERMS.
Limitations.
ANY IMPLIED WARRANTY THAT MAY ARISE BY LAW IS LIMITED IN DURATION TO THE TERM HEREIN AND TO THE
COVERED PRODUCTS. THE REPAIR, REPLACEMENT, OR REFUND PROVIDED HEREIN IS EXCLUSIVE AND IN LIEU OF ALL
OTHER REMEDIES. EXCEPT AS PROVIDED IN THIS WARRANTY, ALL PRODUCTS ARE BEING SOLD "AS IS'' AND "WITH ALL
FAULTS." ALL RISKS AS TO PRODUCT QUALITY OR PERFORMANCE NOT CONTEMPLATED BY THIS WARRANTY WILL BE
BORNE EXCLUSIVELY BY YOU, THE PURCHASER. IF A PRODUCT PROVES DEFECTIVE AFTER ITS PURCHASE, YOU, NOT US,
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR THAT IS NOT COVERED UNDER THIS WARRANTY. IN
NO EVENT WILL WE BE LIABLE FOR COSTS OF REMOVAL OR REINSTALLATION OF THE PRODUCTS, OR ANY EXPENSE
RELATED TO REINSTALLATION. WE WILL HAVE NO LIABILITY TO ANYONE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL,
INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION PROPERTY
DAMAGE, LOST PROFITS, LABOR COSTS, OR ANY OTHER PECUNIARY DAMAGE, WHETHER DUE TO ANY DEFECT IN THE
PRODUCTS, BREACH, DELAY, NON-DELIVERY, NON-PERFORMANCE, RECALL, OR ANY OTHER REASON. ALL CLAIMS FOR
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