Manufacturers Product Structural Integrity Warranty
1. WARRANTIES. Seller warrants products manufactured by it and supplied hereunder to be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of shipment. If within such period any such product shall be proved to Seller's satisfaction to be defective, such product shall be repaired or replaced at Seller's option. Seller's warranty obligations shall be limited to such repair or replacement, shall be buyer's exclusive remedy hereunder, and shall be conditioned upon Seller's receiving written notice of any alleged defect within ten (10) days after its discovery and, at Seller's option, return of such products to Seller, F.O.B. its factory. This exclusive remedy shall not be deemed to have failed its essential purpose so long as the Seller is willing and able to replace defective products or issue a credit to buyer within a reasonable time after buyer proves to Seller that a defect exists. This warranty shall not apply to products which shall have been subjected to negligence, accident, damage by circumstances beyond Seller's control or improper use, operation, maintenance or storage. The warranty does not include freight for the return or the replacement part.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER (except warranties of title). SELLER SPECIFICALLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
2. PRODUCT DESCRIPTIONS AND LITERATURE. Any description of the products, whether made in writing or orally by Seller or Seller's agents, or in specifications, samples, models, bulletins, drawings, diagrams, engineering sheets, catalogues, product brochures, photographs and other illustrations or similar materials used in connection with buyer's order, are for the sole purpose of identifying the products and shall not be construed as an express warranty and shall not form part of the terms of the transaction between Seller and buyer. Any suggestions by Seller or Seller's agents regarding use, application or suitability of the products shall not be construed as an express warranty unless confirmed to be such in writing by Seller.
3. CHANGES. Seller may at any time, without notice to buyer, make changes in design, specifications or materials which in Seller's opinion are an improvement or necessary because of priorities or regulations established by governmental authority or nonavailability of materials from suppliers.
4. RETURNS. Products may not be returned without Seller's prior written authorization. Consideration will be given to all return requests, with the exception of non-standard products that are not found in Seller's catalog. Seller may, however, in its sole discretion, refuse to authorize, or place conditions on, any request for return authorization. Returned products must be securely packaged to reach Seller without damage; and buyer will reimburse Seller for any cost Seller incurs to put products in marketable condition. Freight to and from the Seller is the full responsibility of the Buyer.
5. CLAIMS. All claims must be made in writing by the original owner and be accompanied by a copy of the original invoice.
6. WARRANTY PERIOD. Some manufacturers may offer a longer warranty period and all claims would require submission to the original manufacturer.
7. WARRANTY DEPARTMENT CONTACT INFORMATION. Playground Borders Direct, 409 Tennant Station, Suite 123, Morgan Hill, CA 95037 firstname.lastname@example.org 408-466-0428