12
LIMITED WARRANTY
Victory warrants its fire extinguishers (“Products”) to be free from defects in material and
workmanship for a period of six (6) years from the date of manufacture. Victory’s responsibility for
defects in material or workmanship are limited to repair or replacement of the products for the original
retail purchaser (“Consumer”) only. This limited warranty does not cover defects resulting from
modification, abuse, accident, alteration, misuse, exposure to corrosive conditions, or improper
installation or maintenance. No warranty is provided for products or components that have been subject
to normal wear and tear, misuse, improper installation, incompatible chemicals/materials, corrosion;
that have not been used for their intended purpose; or that have not been installed, maintained,
modified, or repaired in accordance with applicable standards of the National Fire Protection
Association and/or the standards of any other Authorities having jurisdiction. Materials found by seller
to be defective shall be either repaired or replaced, at Seller’s sole option. Seller neither assumes, nor
authorizes any person to assume for it, any other obligation in connection with the sale of products or
parts of products. Seller shall not be responsible for system design errors, or inaccurate or incomplete
information supplied by buyer or buyer’s representatives. This limited warranty sets forth the
exclusive remedy for claims based on failure of or defect in products, materials, or components,
whether the claim is made in contract, tort, strict liability, or any other legal theory. This warranty
will apply to the full extent permitted by law. The invalidity, in whole or part, of any portion of this
warranty will not affect the remainder. Victory is not responsible for the installation or the maintenance
of the products.
Defective products for which a valid claim has been made shall be returned to Victory’s facility for
repair or replacement (or to other repair facilities pursuant to Victory’s prior written authorization), and
transportation costs to such locations shall be paid by consumer.
VICTORY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES PROVIDED IN THIS LIMITED
WARRANTY, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
INCLUDING WITHOUT LIMITATION DAMAGES FOR ANY PERSONAL INJURY, PROPERTY DAMAGE,
OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE
DAMAGES, AND INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR THIRD PARTY CLAIMS, IN
EACH CASE EVEN IF VICTORY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. LAWS OF
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CONSEQUENTIAL OR OTHER TYPES
OF DAMAGES, AND CONSUMERS MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION. UNDER SUCH CIRCUMSTANCES, THIS LIMITED WARRANTY AND
THE LIMITATIONS AND DISCLAIMERS HEREIN SHALL BE TO THE GREATEST EXTENT PERMITTED
BY LAW.
THIS LIMITED WARRANTY CONTAINS THE ENTIRE WARRANTY PROVIDED BY VICTORY AND
SHALL BE IN LIEU OF ANY AND ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
Neither the product distributor nor any other third party is authorized to make any conditions,
representations, or warranties on Victory’s behalf. VICTORY neither assumes nor authorizes any
representative or other person to assume for it any obligation or liability other than as expressly set
forth herein. Any disputes regarding or relating to this limited warranty will be resolved in the sole
discretion of VICTORY.
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