Blickle Branded Products Limited Warranty
This limited warranty (“Blickle Branded Products Warranty”) applies to Blickle branded products sold by Blickle USA Wheels and Casters Inc. (“Blickle Branded Products”). This Blickle Branded Products Warranty supersedes the Product Warranty set forth in Section 4 of the Blickle USA General Terms and Conditions of Sale. The other provisions of the Blickle USA General Terms and Conditions of Sale remain applicable to Blickle Branded Products. This Blickle Branded Products Warranty shall not apply to Pegasus branded products.
1. Express Limited Warranty.
Subject to standard manufacturing variations and the terms hereof, including without limitation, Sections 2 and 3, Blickle USA warrants to Buyer that (a) for a period of 4 years from the date of shipment of a Product (the "Warranty Period") each Product will be free from significant defects in material and workmanship and (b) upon delivery, the Blickle Branded Products will materially conform to the Specifications. Normal wear and tear is not covered under this Product Warranty. BLICKLE USA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BLICKLE USA SPECIFICALLY EXCLUDES ALL WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO REPRESENTATIONS, EXPRESS OR IMPLIED, MADE BY ANY REPRESENTATIVE, AGENT OR EMPLOYEE OF BLICKLE USA WHICH IS NOT SPECIFICALLY SET FORTH HEREIN SHALL BE BINDING UPON BLICKLE USA. BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY BLICKLE USA, OR ANY OTHER PERSON ON BLICKLE USA'S BEHALF, EXCEPT AS SPECIFICALLY AND EXPRESSLY SET FORTH HEREIN. If models and samples are delivered, their qualities are not warranted unless expressly stated otherwise in the order confirmation. This shall also apply to data concerning the result of analyses.
2. Product Warranty Exclusions.
2.1 The Product Warranty does not apply to any Product that:
a. has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions or use contrary to any instructions issued by Blickle USA.; or
b. has been reconstructed, repaired or altered by Persons other than Blickle USA or its authorized representative; or
c. has been used with any third-party products, hardware or product that has not been previously approved in writing by Blickle USA; or
d. has been damaged in transport; or
e. has been modified or altered in any way; or
f. has been exposed to severe temperatures.
2.2 BUYER ASSUMES ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF ANY BLICKLE BRANDED PRODUCTS IN THE PRACTICE OF ANY PROCESS, WHETHER IN TERMS OF OPERATING COSTS, GENERAL EFFECTIVENESS, SUCCESS OR FAILURE, AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY BLICKLE USA, BY WAY OF TECHNICAL ADVICE OR OTHERWISE, RELATED TO THE USE OF THE BLICKLE BRANDED PRODUCTS.
2.3 Buyer acknowledges that the Blickle Branded Products purchased by Buyer may contain parts manufactured by a third party ("Third-Party Parts"). Third-Party Parts are not covered by the Product Warranty. For the avoidance of doubt, Seller makes no representations or warranties with respect to any Third-Party Parts.
3. Inspection; Exclusive Remedy for Breach of Warranty; Limitation of Liability.
3.1 The Buyer shall examine the Blickle Branded Products immediately upon receipt at the place of destination and either accept or, only if any such Blickle Branded Products do not conform to the Product Warranty set forth in Section 1 (“Nonconforming Products”), reject such Nonconforming Products. The Blickle Branded Products are to be particularly examined with respect to their external quality. The Blickle Branded Products shall be deemed to have been accepted without any defects, unless the Buyer notifies Blickle USA of any defect within ten (10) days after delivery of the Blickle Branded Products at the place of destination. The notification must be made in writing (mail, facsimile or e-mail) and have to specify the defect. All such notifications of defects of Blickle Branded Products must be addressed to Blickle USA at this address: 75 Coweta Industrial Parkway, Newnan, GA 30265 (e-mail: email@example.com). The notice must describe with specificity all defects and nonconformities, and include such other written evidence or other documentation as may be reasonably required by Blickle USA (including the subject Blickle Branded Products, or a representative sample thereof, which Buyer contends are Nonconforming Products). All defects and nonconformities that are not so specified will be deemed waived by Buyer, such Blickle Branded Products shall be deemed to have been accepted by Buyer, and no attempted revocation of acceptance will be effective. Subject to the terms of this Product Warranty, all freight costs for Nonconforming Products shall be paid by Blickle USA. Blickle USA is not responsible for freight costs for returned Blickle Branded Products which are not deemed to be Nonconforming Products by Blickle USA.
3.2 If Buyer timely notifies Blickle USA of any Nonconforming Products, Blickle USA shall determine, in its reasonable discretion, whether the Blickle Branded Products are Nonconforming Products. If Blickle USA determines that such Blickle Branded Products are Nonconforming Products, Blickle USA shall, in its sole discretion, either:
(a) repair such Nonconforming Products; or
(b) replace such Nonconforming Products with conforming Blickle Branded Products; or
(c) refund to Buyer such amount paid by Buyer to Blickle USA for such Nonconforming Products returned by Buyer to Blickle USA.
3.3 Buyer has the affirmative obligation to notify the freight forwarder of any Blickle Branded Products damaged in transit.
3.4 No claim related to Nonconforming Products specifications will be allowed unless Blickle USA is given immediate written notice after delivery of Blickle Branded Products to the first destination to which they are shipped and allowed an opportunity to inspect them. Blickle Branded Products for which damages are claimed shall not be returned, repaired, or discarded without Blickle USA's express written consent. Buyer shall ship, at Buyer's expense and risk of loss, all Nonconforming Products to Blickle USA 's facility located at 75 Coweta Industrial Parkway, Newnan, GA 30265 or to such other location as Blickle USA may instruct Buyer in writing. If Blickle USA exercises its option to replace or repair Nonconforming Products, Blickle USA shall ship to the Delivery Location, at Blickle USA's expense and risk of loss, the replacement or the repaired Blickle Branded Products. Except as provided under this Section 3, Buyer has no right to return Blickle Branded Products shipped to Buyer pursuant to this Agreement.
3.5 THE REMEDIES SET FORTH IN THIS SECTION 3 ARE BUYER'S EXCLUSIVE REMEDY FOR THE DELIVERY OF NONCONFORMING PRODUCTS. IN NO EVENT SHALL BLICKLE USA HAVE ANY LIABILITY FOR DAMAGES IN AN AMOUNT EXCEEDING THE PURCHASE PRICE OF THE BLICKLE BRANDED PRODUCTS SOLD HEREUNDER, NOR SHALL BLICKLE USA HAVE ANY LIABILITY FOR INCIDENTAL, COMPENSATORY, PUNITIVE, LOST PROFITS, CONSEQUENTIAL, INDIRECT, SPECIAL OR OTHER DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT BUYER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
3.6 If Blickle USA determines that any Blickle Branded Products sold to Buyer may be defective, at Blickle USA's request, Buyer shall withdraw all similar Blickle Branded Products from sale and, at Blickle USA's option, either return such Blickle Branded Products to Blickle or destroy the Blickle Branded Products and provide Blickle USA with written certification of such destruction. If Buyer returns all withdrawn Blickle Branded Products or destroys all withdrawn Blickle Branded Products and provides Blickle USA with written certification of such destruction within 5 days following Blickle USA's withdrawal request, in either case consistent with Blickle USA 's instructions, and if Blickle has caused such defect, Blickle USA shall at its sole discretion (a) refund, repair or replace all such returned Blickle Branded Products or (b) replace such destroyed Blickle Branded Products. THIS SECTION 3.6 SETS FORTH BUYER'S SOLE REMEDY AND BLICKLE USA'S ENTIRE LIABILITY FOR ANY BLICKLE BRANDED PRODUCTS THAT ARE WITHDRAWN PURSUANT TO THIS SECTION 3.6.
3.7. The Blickle Branded Products may cause damage if not used in accordance with the instructions of Blickle. Blickle USA disclaims all liability related to damages caused by use of the Blickle Branded Products not in strict conformity with Blickle’s instructions.