E-Z FLEX ALUMINUM FIRE HYDRANT MARKER (10 PER BOX)

8/14/2020
VANDELAY PRODUCTS, LLC
LIMITED WARRANTY

 

LIMITED WARRANTY/DISCLAIMER:   Subject to the limitations contained herein, Vandelay Products, LLC 
(“Seller”) warrants that for the Applicable Period (described below) measured from the date of 
shipment of goods manufactured by Seller that the goods manufactured by Seller are free from 
defects in materials and workmanship that materially affect performance and functionality under 
normal use and care. In the event of a claim of nonconformance, the sole and exclusive remedy, to 
be determined in Seller’s sole discretion, will either be to (i) replace the goods, (ii) repair or 
replace the parts that are nonconforming (replacement parts may be either new or rebuilt at 
Seller’s sole discretion), or (iii) if neither repair or replacement is commercially reasonable, 
Seller may refund a prorata portion of the cost of the goods for any non-conforming goods for which 
Buyer invoked this warranty by providing written notice to Seller within the warranty period. 
Warranty repairs shall be performed at Seller’s designated service center unless otherwise 
determined by Seller. Buyer is responsible for all costs of delivering goods to be repaired or 
replaced to Seller and all costs of returning goods to Buyer. Buyer shall be responsible for any 
and all costs incurred in making the potentially warrantied goods accessible. For the avoidance of 
all doubt, and without limiting the foregoing in any way, this exclusion from coverage encompasses 
any and all costs, necessary or otherwise, (1) to make the allegedly defective item accessible for 
repair or replacement or (2) for any costs for repair or replacement of any connected or related 
items, even if repair or replacement is necessary as a result of the defect in the warrantied item. 
Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party. All 
costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel 
and representatives for site travel and diagnosis under this Limited Warranty shall be borne solely 
by Buyer. Any work performed or items repaired or replaced under this limited warranty  shall  be  
warranted  for  the  remainder  of  the  original  warranty  period  subject  to  these  same  
terms  and conditions. The remedies set forth in this section shall be Seller’s sole liability and  
Buyer's sole and exclusive remedies for any breach of this Limited Warranty.
Applicable Period:

Remainder of product-1 year

 

With respect to goods manufactured by third parties, Seller hereby assigns the original 
manufacturers’ warranties and remedies, to the extent assignable.

All claims under this Limited Warranty must be initiated, in a writing delivered to Seller, prior 
to expiration of the applicable warranty period.

Any and all warranties from Seller are void as to all allegedly nonconforming goods that fail, 
malfunction, or are damaged  (1) as a result of: (a)  improper or inadequate handling, 
installation, modification, maintenance, storage, removal, modification, or repair; (b) normal wear 
and usage; (c) use of unauthorized replacement parts;  or (d) any other causes that are not the 
fault of Seller; or (2) that are accidentally damaged, subjected to abuse or improper use, 
unsuitable power sources or environmental conditions, or are otherwise not used in accordance with 
their intended purpose;  or  (3)  are  altered  such  that  Seller  is  unable  to  verify  the  
non-conformance  with  its  (or  the  original manufacturer’s) normal test equipment.

THE EXPRESS WARRANTIES SET FORTH ABOVE ARE IN LIEU OF AND SUPERCEDE  (i) ALL OTHER WARRANTIES AND 
REMEDIES WHETHER EXPRESS OR IMPLIED, ORAL OR STATUTORY, INCLUDING, BUT  NOT  LIMITED  TO,  ANY  
WARRANTY  OF  MERCHANTABILITY,  FITNESS  FOR  A  PARTICULAR PURPOSE, PERFORMANCE OR 
NON-INFRINGEMENT AND (ii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM,  OR  REMEDY  IN  CONTRACT  OR  
TORT,  INCLUDING,  WITHOUT  LIMITATION,  PRODUCT LIABILITY BASED UPON STRICT LIABILITY AND 
NEGLIGENCE. ALL SUCH OTHER WARRANTIES ARE
HEREBY DISCLAIMED.