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6.0 WARRANTIES
ASTRAL guarantees that all products, when shipped, are free from manufacturing defects or faults when installed, applied and
used according to specifications. All products are warranted for a period of one year from the date of purchase, unless specified
on the individual product warranty. Defective products which fail during the warranty period, except as a result of improper
installation or modifications, damages or losses, careless handling, negligence or any other abuse, may be replaced or repaired
without charge within 60 days of the receipt of defective products. No claims for cartage, labor, or other consequent damages will
be allowed.
EXCEPT AS STATED IN THIS SECTION, ASTRAL, ITS SUBSIDIARIES AND AFFILIATES MAKE NO W ARRAN-
TIES, EXPRESS, IMPLIED OR STATUTORY, AS TO ANY MATTER W HATSOEVER. IN PARTICULAR, ANY AND
ALL W ARRANTIES OF
MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE AND NONIN-
FRINGEMENT OF THIRD PARTY RIGHTS ARE EXPRESSLY EXCLUDED.
LOST OR DAMAGED FREIGHT
Our responsibility for any shipment ceases when the carrier signs the Bill of Lading. Thoroughly inspect each shipment
immediately upon arrival. If cartons, packages, or crates are received in short or damaged condition, it is important
that you notify the driver and insist on a notation of the loss or damage across the face of the freight bill; otherwise,
no claim can be enforced against the carrier.
If concealed loss or damage is discovered, you must notify the carrier at once and request an inspection.
It
is important that you do not discard the shipping carton or container. A concealed damage report must be made
within five (5) business days of delivery of the shipment. It is the carrier agent's responsibility to schedule an
inspection. If you give the carrier a clear receipt for the goods that have been damaged in transit, you do so at your
own risk and expense. Astral Products is willing to assist you in every possible manner to collect claims for loss or
damage, but our willingness does not make us responsible for collection of claims or replacement of material.
JURISDICTION AND COMPETENCE
All transactions between ASTRAL and Buyer shall be governed in all respects by the laws of the State of Florida,
without regard to any rules of conflict and choice of laws which would require the application of laws of another
jurisdiction. ASTRAL and Buyer (a) agree that any suit, action or other legal proceeding between them shall be brought
and heard in a court of competent jurisdiction in Jacksonville, Florida; (b) consent to the jurisdiction of any such
court in any such suit, action or proceeding; and (c) waive any objection it may have to the laying of venue of any
such suit, action or proceeding in any such court. The prevailing party will be entitled to costs and reasonable attorney
fees.
ASTRAL USA, Div. Fluidra
8525 Mallory Road
Jacksonville, FL 32220
Phone (904) 378-0999
Fax (904) 378-0488