31
Warranty Policy, continued
FINALITY OF THIS WRITING
The parties intend this document to be the final expression of their agreement and it is intended also as a complete and exclusive
statement of the terms of their agreement. No course of prior dealing between the parties and no usage of the trade shall be relevant
to supplement or explain any term used in this document. Acceptance or acquiescence in a course of performance rendered under
this document shall not be relevant to determine the meaning of this contract even when the accepting or acquiescing party has
knowledge of the nature of the performance and opportunity for objection.
This warranty does not constitute the Buyer as the agent or legal representative of the Company, or the Company as the agent or
legal representative of the Buyer for any purpose whatsoever. Neither party is granted any express or implied right or authority by the
other party to assume or create any obligation or responsibility on behalf of or in the name of the other party, or to bind the other party
in any manner or thing whatsoever.
BUYER NOT AN AGENT
The validity, interpretation, and performance of this warranty shall be controlled by and construed under the laws of the State of
Arkansas, the state in which this warranty is being executed. It is understood, however, that this is a general form of warranty,
designed for use in the United States wherever the Seller may desire to sell its products and that any provision herein which in any
way contravenes the laws of any state or jurisdiction shall be deemed not to be a part of this warranty therein.
CONTROLLING LAW
The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way
the full right to require such performance at any time thereafter. Nor shall the waiver by either party of a breach of any provision hereof
be taken or held to be a waiver of the provision itself.
NO IMPLIED WAIVERS
This instrument contains all of the agreements, understandings, representations, conditions, warranties, and covenants made
between parties hereto. Unless set forth herein, neither party shall be liable for any representations made, and all modifications and
amendments hereto must be in writing.
COMPLETENESS OF INSTRUMENT
This instrument contains all of the agreements, understandings, representations, conditions, warranties, and covenants made
between parties hereto. Unless set forth herein, neither party shall be liable for any representations made, and all modifications and
amendments hereto must be in writing.
COMPLETENESS OF INSTRUMENT
Whenever Seller shall deliver or cause to be delivered to a common carrier any goods ordered by Buyer, whether the particular
carrier shall have been designated in the shipping or routing instructions of the Buyer or not, Seller shall not be responsible for any
delays or damages in shipment and the common carrier, to which Seller shall deliver goods shipped to the Buyer, is declared to be the
agent of the Buyer.
NOTICE OF CLAIMS
A) Buyer must notify Seller immediately by e-mail, phone, writing, or fax, of any defect, malfunction, or nonconformity after he or she
knows or has reason to know the basis of any claim, and in no event more than ten days thereafter. Within 24 hours after
receiving notice from the buyer, Seller will authorize repair or replacement of the defective part. (1) J.V. Manufacturing, Inc., at its
sole discretion, will have the option to make repairs or authorize a distributor or third party to make repairs. (2) All claims for
repairs must be accompanied with a Warranty Job Order Number. Failure to obtain a Job Order Number will relieve Seller from all
liability.
B) Failure to give the notice prescribed by Subsection shall relieve the seller from all liability on any claim in respect to any
transaction growing out of this warranty.
C) The provisions of this shall survive the termination of any other portions of this warranty.
OPTIONAL EXTENDED WARRANTY
Call for details.
COMMON CARRIERS AGENTS OF DISTRIBUTOR
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