17
Disclaimer of implied warranties
.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREINAFTER IN THE SECTION
TITLED “LIMITED WARRANTY”, SELLER MAKES NO WARRANTY WHATSOEVER REGARDING THE GOODS, INCLUDING ANY
(1) WARRANTY OF MERCHANTABILITY; OR (2) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER ARISING
BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. BUYER ACKNOWLEDGES
THAT IT HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY SELLER, OR ANY OTHER PERSON ON
SELLER’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THE SECTION TITLED “LIMITED WARRANTY” OF THIS
AGREEMENT.
LIMITED WARRANTY
To activate your Limited Warranty please fill out and return you warranty card or register your product online with us at
ezcarrierusa.com within 10 days of receiving your purchase.
Limited Warranty.
Seller warrants to Buyer that:
1.
For a period of one year from the date of shipment of goods (the Warranty Period), such goods will be free from
any defect in materials used in the manufacture, and/or workmanship at the time of its manufacture.
2.
Buyer will receive good and valid title to the goods, free and clear of all encumbrances and liens of any kind.
Warranty Limitations
. The warranties under this Section do not apply where the goods have
1.
been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation,
improper storage, improper handling, abnormal physical stress, abnormal environmental condition, or use
contrary to any instructions issued by Seller;
2.
been reconstructed, repaired, or altered by persons other than Seller or its authorized representative; or
3.
been used with any third-party product, hardware, or product that has not been previously approved in writing
by Seller.
Exclusive remedy for Defective Goods
.
Notwithstanding any other provision of this Agreement, this Article contains
Buyer’s exclusive remedy for goods that do not conform to the warranties listed in Section
[list section number]
(Defective Goods). Buyer’s remedy under this Article is conditioned on Buyer’s compliance with its obligations under this
Article. During the Warranty Period, regarding any allegedly Defective Goods,
1.
Buyer shall notify Seller, in writing, of any alleged claim or defect within
[five]
business days from the date Buyer
discovers, or on reasonable inspection should have discovered, such alleged claim or defect (but in any event
before the expiration of the applicable Warranty Period);
2.
Buyer shall ship, at
[Buyer’s]
expense and risk of loss, the allegedly nonconforming goods to Seller’s facility
designated by Seller for inspection and testing by Seller;
3.
If Seller’s inspection and testing reveals, to Seller’s reasonable satisfaction, that such Defective Goods and any
such defect has not been caused or contributed to by any of the factors described under Section
[list section
number]
, Seller shall in its sole discretion, and at its expense, (a) repair or replace Defective Goods or (b) credit
or refund the price of Defective Goods less any applicable discounts, rebates, or credits; and
4.
If Seller exercises its option to repair or replace, Seller shall, after receiving Buyer’s shipment of Defective Goods,
ship to Buyer, at
[Buyer’s]
expense and risk of loss, the repaired or replaced goods to the delivery location
designated by Seller.
5.
Any part replaced under the warranty will be covered for the remaining period of the Warranty Period.
6.
Any parts replaced under the warranty must be returned to EZ Carrier, LLC and will become the property of EZ
Carrier, LLC. EZ Carrier, LLC may, at its discretion make any repairs or replacement of defective parts but such
work shall not be deemed to be any admission of liability.
