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| Independent Pipe Products, Inc., extends
this Warranty to immediate purchasers of IPP
products (“Purchasers”). This
warranty is extended only to such immediate
Purchasers; it may not be passed along to
any subsequent purchaser or assignee. |
| IPP warrants that its products are, on the
date of shipment, free from defects in materials
and workmanship and have been manufactured
in accordance with IPP’s material specifications.
IPP will replace or, at its option, issue
credit for any IPP products which are found
by IPP to be defective or not in conformity
with such material specifications. This warranty
does not apply to a product that has been
subjected to: (a) improper storage or installation;
(b) accident, damage, abuse, or misuse; (c)
abnormal or unusual operating conditions or
applications; (d) operating conditions or
applications not made known to IPP prior to
the date of sale of the product; (e) operating
conditions or applications above the rated
capacity of the product; or (f) a purpose
or application in any way different from that
for which the product was designed. |
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| Purchaser Responsibilities
& Claims Processing |
| Purchaser must carefully inspect each IPP
fitting and laboratory test the product to
ensure that it performs satisfactorily for
its intended use. Every claim under this warranty
shall be deemed waived unless Purchaser has
made such careful inspection and laboratory
testing, and unless written notice of defect
or nonconformity of the product is made and
received by IPP within 30 days of the date
the defect or nonconformity was or should
have been discovered and in any event within
six months of the date the product was shipped.
Within two weeks of the date written notice
of the defect or nonconformity is received
by IPP and within six months of the date the
product is shipped, Purchaser must return
the defective or nonconforming product to
IPP’s actual possession under an IPP
Return Material Authorization number (RMA#). |
| Within a reasonable time after IPP receives
the returned product, IPP will reasonably
determine if the alleged defect or nonconformity
actually exists, and will notify the Purchaser
of its determination. Within a reasonable
time thereafter, IPP shall replace any defective
nonconforming product with non-defective product
of like quantity or at its option, issue credit
for such defective or nonconforming product. |
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| Disclaimer of Warranties |
| The Warranty provided above is strictly
limited to its terms and is in lieu of all
other warranties, expressed, implied and statutory.
IPP specifically disclaims any implied warranties
of merchantability or fitness for particular
purpose. |
| Purchaser specifically understands and
agrees that IPP, its successors, assigns,
directors, officers, agents and employees,
shall not be liable in tort-whether based
on negligence, strict liability, or any other
theory of tort liability for any action or
failure to act in respect to the manufacture,
preparation for sale, sale, delivery or use
of IPP products. It is the parties’
intent to absolve and protect IPP and IPP’s
successors, assigns, directors, officers,
agents and employees from any and all tort
liability. |
| Purchaser expressly agrees that his sole
and exclusive remedy for breach of the warranty
set forth above, for any tortious conduct,
or for any other cause of action, shall be
the remedies set forth above. Purchaser further
specifically understands and agrees that,
except as provided, no remedy shall be available
to purchaser, including, but limited to, claims
for incidental, consequential, special or
punitive damages, for any cause whatsoever,
or injury to or death of persons or damage
to property or any other consequential economic
or incidental loss. Under no circumstances
will IPP be liable for loss of anticipated
profits or any other loss caused by reason
of the nonoperation of the increased expense
or operation caused by IPP’s products.
This exclusion shall apply to all claims,
whether sounding in tort, contract or otherwise
and shall apply to all damages. |
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