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.
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.
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.
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.
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.
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
ATM is committed to being the best at meeting customers’ needs! We pledge our cooperation to handle all requests for return in a prompt and fair manner. Please contact our Customer Service Department, 252-536-2574, with your return information. Warehouse personnel are not authorized to approve returns or accept any material without proper documentation from Customer Service. Please have the following information available when calling: invoice number, date of invoice, lot number(s), and nature of the problem.
Damaged, Lost and Short Shipments
The customer is responsible for reporting any damaged, lost, or short shipments to the carrier upon receipt of material. Then, the customer should contact ATM Customer Service for a replacement order and entry of a carrier complaint/claim.
Adjustments will be made for defective material in accordance with the manufacturer’s warranty. A Product Installation/Analysis may be required, as determined by a representative of ATM.
Returns are subject to a re-stocking fee and the customer is responsible for return freight charges. The Company will issue credit for stock material returned that meets the following conditions:
- Product must be in original unopened packaging and in same condition as when shipped.
- Only full rolls and/or full cartons are acceptable.
- Return must include a copy of the Return Authorization (RA) or the RA number clearly marked on the Address Label.
- Product must not be a special order item, or marked “Non-Returnable” on customer’s quote.
- Re-stocking fees and transportation charges will be deducted from the credit adjustment.
- Returns are subject to a 15% re-stocking fee. Returns after 60 days of invoice are subject to a 20% re-stocking fee. Material returned after 120 days or more of invoice may be refused.
RA numbers are valid for thirty (30) days after issue.
Non-Stock items are considered as any facility management products, items designated as “Non-Returnable Item” on customer quotes, and any custom produced product. Non-Stock items are Non-Returnable.
Facility Management Floor Marking Items
Facility management floor marking include floor tapes, floor signs, pallet markers, footprints, floor dots and floor directional markings. The return of facility management items are subject to an 18% re-stocking fee. The customer is responsible for return freight charges and items must be returned within 30 days of delivery.