THIS LIMITED WARRANTY (this “Limited Warranty”) is hereby made by Koflo Corporation, an Illinois corporation (“Koflo”), in favor of the original purchaser (“Purchaser”) of those certain static mixers, calibration columns, and/or injection quills purchased by Purchaser from Koflo (the “Products”).
- Warranty. Subject to the terms and conditions contained herein, Koflo warrants that for a period of the lesser of (a) twelve (12) months after installation and (b) eighteen (18) months after shipment of the Products to Purchaser (“Warranty Period”), the Products shall be free from defects in workmanship or material under normal use, conditions, installation and maintenance instructions.
- Remedy under Warranty. With respect to any Product proven to be defective in workmanship or material, Koflo’s sole liability and Purchaser’s sole remedy (under this Limited Warranty or otherwise) shall be, at Koflo’s sole and exclusive option, to replace or repair all or any portion of such defective Product. Koflo shall not be responsible for any other expenses resulting from a warranty claim, such as shipping, labor or other costs or expenses to remove, repair or install any defective, repaired or replaced Product. Subject to the same limitations and exclusions set forth in this Limited Warranty, any replacement or repaired parts or products used or provided by Koflo shall be warranted from defects in workmanship or material for the remainder of the Warranty Period or six (6) months after the delivery of such replacement or repaired parts or products, whichever is longer. THE REPLACEMENT OR REPAIR OF DEFECTIVE PRODUCTS AS SET FORTH IN THIS LIMITED WARRANTY SHALL BE THE PURCHASER’S SOLE AND EXCLUSIVE REMEDY AND KOFLO’S SOLE LIABILITY AS TO ANY DEFECT IN THE PRODUCTS AND/OR A BREACH OF THIS LIMITED WARRANTY.
Exclusions. This Limited Warranty does not extend to, and Koflo assumes no responsibility for, liability for any damages, losses, expenses, costs, claims, actions or demands arising out of or related to:
- abuse, neglect, misuse, mishandling, or faulty installation of the Products by Purchaser or any third party;
- external causes such as fire, flood, acts of God, accidents, mishap, or any other actions or causes beyond Koflo’s reasonable control;
- installation, repairs, modifications or alterations of the Products performed by any person other than Koflo;
- transportation or storage of the Products;
- any Products that have been purchased or acquired from a party other than Koflo or an authorized reseller of Koflo products;
- failure to observe any safety procedures or precautions in the use, care and handling of the Products;
- the use, installation, maintenance, operation, handling or repair of the Products that is inconsistent with or in contravention or violation of any (i) manufacturer’s specifications, instructions or operating manual, (ii) materials or instructions provided by Koflo, or (iii) applicable laws, rules and statutes, including, without limitation, local building codes;
- combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Koflo or the manufacturer of the Products; or
- normal wear and tear.
- Warranty Service Notice. To obtain warranty service under this Limited Warranty during the Warranty Period, Purchaser must notify Koflo in writing within thirty (30) days after discovering an alleged defect, which writing shall (a) set forth, in reasonable detail, the nature and scope of the defect claimed, (b) include a reference to the original invoice for the Product, and (c) be sent to Koflo Corporation, 309 Cary Point Dr. Cary, IL 60013 or via email to email@example.com. In addition, Purchaser shall contact Koflo for specific instructions regarding the return of any Product and shall thereafter deliver such defective Product pursuant to Koflo’s instructions, freight prepaid.
- Disclaimer of Warranty. TO THE EXTENT NOT PROHIBITED BY LAW, THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS LIMITED WARRANTY AND TO THE EXTENT NOT PROHIBITED BY LAW, ALL OTHER REPRESENTATIONS AND WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING UNDER STATUTE, UNDER CONVENTION OR OTHERWISE ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS SECTION 5 SHALL APPLY WHETHER THE PRODUCTS ARE USED ALONE OR IN COMBINATION WITH OTHER EQUIPMENT OR MATERIALS, EVEN IF THE PURPOSES OR USES OF THE PRODUCTS BY PURCHASER ARE KNOWN BY KOFLO OR IF KOFLO WAS INVOLVED IN THE ANALYSIS OF THE PURPOSES OR USES OF THE PRODUCTS OR HAS PROVIDED ANY RECOMMENDATIONS, ASSISTANCE OR INSTRUCTIONS IN CONNECTION THEREWITH. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER SHALL ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.