Limitation of Remedy and Damages. Subject to the limitations of liability set forth below,
Accurate Door & Hardware warrants products for a period of five (5) years, except: aluminum geared continuous hinges for lifetime of the door opening, stainless steel continuous hinges for twenty-five (25) years, and all hinge electrical modification components for five (5) years from date of delivery (the “Warranty Period”), that the products provided by Accurate Door & Hardware hereunder (the “Products”) (i) shall conform substantially to the specifications provided to Accurate Door & Hardware, if any, so long as the products have been properly installed; and (ii) shall conform substantially to the specifications provided by Accurate Door & Hardware, and (iii) are free from defects in workmanship and materials.
THIS IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY ACCURATE DOOR & HARWARE WITH RESPECT TO THE PRODUCTS AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE. ACCURATE DOOR & HARDWARE HEREBY DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
This warranty does not cover, and Accurate Door & Hardware will not be liable for, defects or damage arising from improper installation, modification, lack of or improper maintenance, improper storage, shipping and handling, ordinary wear and tear, misuse, abuse, accident, unauthorized service, use with unauthorized products or parts, or improper product selection or specification.
The sole and exclusive liability of Accurate Door & Hardware under this warranty or otherwise shall be limited to the repair or replacement of any Product or component part which shall prove defective to the original purchaser from Accurate Door & Hardware hereunder (the “Purchaser”), and shall not extend to dismantling, installing or reinstalling (or payment for the cost of the same).
Accurate Door & Hardware will not pay for the costs of repair or replacement performed other than in accordance with this warranty.
ACCURATE DOOR & HARDWARE SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE AND IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHERWISE), SHALL ACCURATE DOOR & HARDWARE’S LIABILITY TO PURCHASER AND/OR ITS CUSTOMERS EXCEED THE PRICE PAID BY PURCHASER FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. PURCHASER AGREES THAT IN NO EVENT SHALL ACCURATE DOOR & HARWARE’S LIABILITY TO PURCHASER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM USE OF THE PRODUCTS, OR ARISING OUT OF ANY BREACH OF THIS WARRANTY.
This warranty is governed by the law of the State of New Jersey without regard to its conflicts of law principles.
Purchaser acknowledges that its obligations to pay Accurate Door & Hardware all sums properly invoiced to purchaser by Accurate Door & Hardware for the products are absolute and unconditional. Purchaser shall make all payments to Accurate Door & Hardware when due hereunder and shall not withhold, delay or condition payment for any reason whatsoever. Purchaser shall not set-off any amounts due Accurate Door & Hardware against any amounts already due from Accurate Door & Hardware to Purchaser and expressly waives any
right or claim of set-off.
Any claim by Purchaser with reference to the Products shall be deemed waived by Purchaser unless submitted in writing in accordance with this Paragraph 3. Purchaser shall inspect the Products immediately upon receipt and prior to any installation or use of such Products. Unless Purchaser provides written notice to Accurate Door & Hardware of any claim for shortages or defects in the Products within fourteen (14) days after Purchaser’s receipt of shipment, such Products shall be deemed finally inspected and accepted by Purchaser. If a defect is of such nature that reasonable inspection within the time provided herein would not disclose it, then notice of the claimed defect shall be
made in writing and delivered to Purchaser within ten (10) days after Purchaser knew or should have known of the defect (but in no event later than the expiration of the Warranty Period); provided, however, that (notwithstanding any provisions hereof to the contrary) Accurate Door & Hardware shall not be liable for claimed defects in Products once such Products have been incorporated into a structure. At Accurate Door & Hardware’s request, Purchaser will send any allegedly non-conforming Products
to Accurate Door & Hardware. Any written notice of a claim hereunder shall be sent in writing to Accurate Door & Hardware, 10 West End Road, Totowa, NJ.
Acceptance of the Products shall be limited to the terms and conditions contained herein.
Any terms and conditions contained in Purchaser’s purchase order or acceptance that are in addition to, or are in conflict with, the terms and conditions contained herein shall not become a part of the agreement between Accurate Door & Hardware and Purchaser unless expressly agreed to in writing by Accurate Door & Hardware.