STATEMENT OF WARRANTIES
What Is Covered By This Warranty and Exclusive Remedies. Patch Rubber
Company ("PRC") warrants that the product that is the subject of this sale
("product") (a) conforms to PRC'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 PRC in writing. PRC must receive this notice during the warranty period or
within thirty (30) days thereafter. Within a reasonable time after such
notification, PRC will provide, at its sole option, either replacement product or refund
of the purchase price. The remedies listed in this section are at 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. PRC does not warranty (a) any product,
component, or part not manufactured by PRC, (b) defects or damage caused by failure to
provide a suitable environment for the product, (c) defect or damages caused by the use of
the product for purposes other than those of which it was designed, (d) defect or damages
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 IMPLIES WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
(4) Limitation of
Remedies. In no case shall PRC 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 include 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 allocates the risks of product failure between PRC and the purchaser.
This allocation is recognized by both parties and is reflected in the product
(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 PRC relating to the subject matter of this agreement. No employee
or agent of PRC or any other part is authorized to make any warranty in addition to those
made in this agreement.