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STATEMENT OF WARRANTIES:
(1) What Is Covered By This
Warranty and Exclusive Remedies. Advance Traffic Markings ("ATM") warrants that the product that is the
subject of sale ("product") (a) conforms to ATM's published specifications, and
(b) is free from defects in material or workmanship. This warranty extends to the original
purchaser only. The duration of this warranty is for one year. The warranty period begins
on the date of delivery to the original purchaser. If the purchaser discovers within this
period a failure of the product covered by this warranty, it must promptly notify ATM in
writing. ATM must receive this notice during the warranty period or within thirty (30)
days thereafter. Within a reasonable time after such notification, ATM will provide, at
its sole option, either replacement product or refund of the purchase price. The remedies
listed in this section are the purchaser's EXCLUSIVE REMEDIES for breach of warranty. Any
action for breach of warranty must be commenced within 15 months following delivery of the
goods to the original purchaser.
(2) What Is Not Covered By
This Warranty. ATM does
not warrant (a) any product, component, or part not manufactured by ATM, (b) defects or
damage caused by failure to provide a suitable environment for the product, (c) defect or
damage caused by use of the product for purposes other than those for which it was
designed, (d) defect or damage caused by natural or man-made disasters, including but not
limited to fire, flood, wind, and lightning, (e) defect or damage caused by unauthorized
attachments or modification, (f) damage during shipment, (g) failure to properly maintain
product, or (h) any other abuse or misuse of the product.
(3) Disclaimer of Warranty. THE FOREGOING WARRANTIES ARE IN LIEU OF
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF FOR ANY REASON, ATM
PRODUCTS ARE APPLIED OUTSIDE OF OUR RECOMMENDATIONS, THE AUTHORIZATION FORM INCLUDED IN
EACH BOX MUST BE COMPLETED SIGNED AND FORWARDED TO ATM.
(4) Limitation of Remedies. In no case shall ATM be liable for any
special, incidental, or consequential damages based upon breach of warranty, breach of
contract, negligence, strict tort, or any other legal theory. Such damages include, but
are not limited to, loss of profits, loss of savings or revenue, loss of use of the
product or any associated equipment, cost of capital, cost of any substitute equipment,
facilities or services, downtime, the claims of third parties including customers, and
injury to property. This limitation does not apply to claims for personal injury. Where
restricted by law, the warranty and remedy limitations in this Section and Section (3)
will apply to the maximum extent allowed; any implied warranty of merchantability or
fitness not disclaimed by operation of law is limited to the duration of the express
warranty. This agreement allocates the risks of the product failure between ATM and the
purchaser. This allocation is recognized by both parties and is reflected in the product
price.
(5) No Other Warranties. Unless modified in a writing signed by
both parties, this agreement is understood to be the complete and exclusive agreement
between the parties, superseding all prior agreements, oral or written, and all other
communications between the parties or representations by ATM relating to the subject
matter of this agreement. No employee or agent of ATM or any other party is authorized to
make any warranty in addition to those made in this agreement. |
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ATM Shelf Life: |
All ATM products will be suitable for use up to one full year from date of
invoice, provided materials are stored indoors in a cool, dry environment in unopened
boxes. |
ATM Returned
Goods Policy: |
Upon receiving authorization, ATM will accept returns on all materials provided
that:
1.) Material is returned in unopened boxes.
2.) Material shows no signs of damage due to freight carrier or other means.
3.) Material is no more than 6 months old from date of invoice.
4.) Material is received on a “freight prepaid” basis.
5.) All returns are subject to a 15% re-stocking charge. |
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