Glemco, Inc. Limited Warranty And Disclaimer
The following terms of this Limited Warranty govern, except to the extent there is a separate signed agreement between Customer and Glemco with a different limited warranty. To the extent of a conflict, the order of precedence will be: (a) the signed agreement, and (b) this Limited Warranty.
Limited Warranty: Glemco, Inc. (“Glemco”) warrants to the original user of the Product (“Customer”) that upon shipment from Glemco's plant, the Product (a) will be free from defects in material and workmanship under normal use, (b) will be free from material design defects, and (c) will materially conform to applicable specifications in effect at the time the Product was manufactured. Any Product warranty claim must be made by Customer within one year of Product receipt (“Warranty Period”) in order for Customer to be eligible for any remedy under this Limited Warranty. Any updates or upgrades made to a Product by Glemco will not apply retroactively to any Products previously manufactured by Glemco. This limited warranty only extends to Customer and is not transferable or assignable without Glemco's prior express written consent, and any attempt to do so is void. Customer's sole and exclusive remedy and the entire liability of Glemco and its suppliers under this limited warranty will be, at Glemco's sole option and expense, either repair or replacement of the Product within the Warranty Period, with each remedy subject to Customer returning the affected Product to Glemco and complying with each of the following requirements: (i) the Product freight and insurance must be prepaid, (ii) Customer must comply with Glemco's then-current Return Material Authorization (RMA) process, and (iii) the Product must be accompanied by documentation evidencing the original labeling including lot traceability information for the Product. Warranty service can be requested through firstname.lastname@example.org or by calling 1-800-621-9598 to obtain an RMA number and shipping instructions. Glemco replacement parts used in Product replacement or repair may be new or equivalent to new, and Glemco may replace a Product with an equivalent or better Product model. For Products for which no defect is found, for which there is no documentation evidencing the original labeling including lot traceability information for the Product, or that do not otherwise fall under this Limited Warranty, such Products will be repaired or replaced by Glemco at Customer's discretion, cost and expense with all freight paid by Customer.
Restrictions: This Limited Warranty does not apply if the Product: (a) has been altered, except by Glemco or its authorized representative, (b) has not been properly installed, operated, repaired, or maintained, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, (d) is not returned accompanied by documentation evidencing the original labeling including lot traceability information for the Product; or (e) is sold for beta, evaluation, testing or demonstration purposes. In addition, Glemco makes no warranty with respect to any of the following: (i) Products whose external housing or cover has been opened, (ii) Products which have had their serial numbers or date of manufacture removed or altered, (iii) accessories or expendable items, or (iv) with respect to defects related to Customer's products, specifications, negligence, errors, actions, inactions, or third party products. Glemco does not authorize any other person or entity to offer any warranty or to assume any obligation on Glemco's behalf.
Disclaimer Of Warranty: EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCT IS PROVIDED “AS IS” AND ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INTERFERENCE, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY GLEMCO AND ITS SUPPLIERS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion will apply even if the express warranty above fails of its essential purpose.
Disclaimer of Liabilities: REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL GLEMCO OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT AND EVEN IF GLEMCO OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Glemco's or its suppliers' liability to Customer, whether in contract, tort (including negligence), breach of warranty, or otherwise, exceed the price paid by Customer for the Product that gave rise to the claim. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER.
Customer agrees that the limitations of liability and disclaimers set forth herein will apply regardless of whether Customer has accepted the Product or any other product or services delivered by Glemco. Customer acknowledges and agrees that Glemco has set its prices and entered into this Limited Warranty in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.
This Limited Warranty will be governed by and construed in accordance with the laws of the State of Texas and the United States, without reference to choice of law principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Limited Warranty. If any portion hereof is found to be void or unenforceable, the remaining provisions of this Limited Warranty will remain in full force and effect. Except as expressly provided herein, this Limited Warranty constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes (except as set forth in the order of precedence paragraph set forth at the beginning of this Limited Warranty) any conflicting or additional terms contained in any purchase order or elsewhere, all of which terms are excluded. This Limited Warranty has been written in the English language, and the English version will govern.
Trademark Notice. Copyright 2018 Glemco, Inc. All rights reserved. Glemco™ is a trademark of Glemco, Inc. All other trademarks mentioned in this document or on Glemco's web site are the property of their respective owners.