Patch Rubber Co. - Tube Repair
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LEGAL

STATEMENT OF WARRANTIES

(1)   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 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 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.  

                 

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