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LIMITED WARRANTY
LIMITED WARRANTY FROM DATE OF PURCHASE AND LIMITATION OF LIABILITY
X-TINGUISH® X-TREME AEROSOL PRODUCTS ARE TO BE OPERATED ONLY BY TRAINED
PERSONNEL.
The manufacturer of the X-TINGUISH® X-TREME provides a two year limited warranty against defects in
materials and workmanship.
Limitations of Coverage:
Manufacturer’s original warranty assumes use, installation, and mainte-nance in
accordance with the Product’s documentation. The warranty does not cover damage or loss of performance
due to improper installation, faulty or inappropriate preparation, abuse, vandalism, exces-sive wear and tear
or abrasion, excessive physical shock, exposure to harmful chemicals, exposure to extremes of temperature,
improper maintenance, usage by untrained personnel or any use outside those defined in the Product’s
documentation.
a)
Company warrants to Distributor that the Products shall be free from defects in materials and
workmanship, in all material respects, for a period of twenty four (24) months from date of end user
purchase, when used and maintained in accordance with the Company operating and maintenance
instructions. Products deemed to be defective by Distributor should be shipped to Company for inspection.
b)
Distributor's exclusive remedy for breach of warranty shall be limited to repair or
replacement (at Company’s option) of any parts found defective by Company within the warranty period.
c)
The foregoing Warranty shall be void in the case of any failure to use and maintain the
Product in accordance with the Company operating and maintenance instructions, rough handling,
mechanical damage, alteration, repair not in accordance with Company instructions, or Distributor’s failure
to immediately notify Company of any defective Product.
d)
The warranty sets forth the full extent of Company’s liability and is in lieu of all other
warranties or remedies, express, implied or statutory, and all other obligations or liabilities of Company,
with respect to the Products, including but not limited to, warranties of merchantability or fitness for a
purpose.
Disclaimer of Responsibility:
Neither the Supplier nor its directors, officers, employees, or agents shall be held
liable for any improper or incorrect use of the Products and assume no responsibility for any-one’s use of the
Products. In no event shall the Supplier be liable for any direct, indirect, incidental, special, exemplary,
consequential or punitive damages
(including, but not limited to, personal injury or death; procurement of substitute goods or services; loss of use,
data, profits or savings; or business interruption)
however caused and on any theory of liability, whether in
contract, strict liability, or tort (including negligence or otherwise)
arising in any way out of the use of the Products,
even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury,
including but not limited to those caused by any failure of performance, error, omission, interruption, deletion,
defect, delay in operation whether for breach of contract, tortuous behavior, negligence or under any other
cause of action.
Limitation on Liability:
If, despite the other limitations set out above, for any reason the Supplier becomes liable
to the purchaser or any other party for damages or other liabilities incurred in connection with the Products then
the Supplier’s aggregate liability for all damages, injury, and liability incurred by the Supplier in connection with
the particular Products shall be limited to the current replacement cost of the particular Product that gives rise
to the claim for damages.
Indemnification:
By taking delivery of the Products, the purchaser agrees to defend, indemnify, and hold
harmless
Flame Guard USA,
LLC
, its contributors, any entity jointly created by them, the
irrespective affiliates and the irrespective directors, officers, employees, and agents from and against
all claims and expenses, including attorneys’ fees, arising out of the use of the Products.
Warranty.
