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Window Support Systems, Inc. (the Seller) warrants its products to be free from defects in material and workmanship, as configured and delivered by it. Seller is not responsible for damages resulting from Buyer's substitution or integration of materials of its own selection as a replacement for, or in lieu of, any of the materials provided by Seller. This warranty covers replacement of any parts furnished from the factory of the Seller, but does not cover labor of any kind and materials not furnished by Seller, including windows furnished by Buyer.
Buyer agrees that Seller's warranty of its products to be free from defects in material and workmanship, as limited herein, shall be in lieu of and exclusive of all other warranties, either express or implied, whether arising from law, course of dealing, usage of trade, or otherwise, there are no other warranties, including warranty of merchantability or fitness for purpose, which extend beyond the product description confirmed by Buyer and Seller as of the date of final agreement.
This warranty is void if the weight exceeds the rated work load as indicated on the product specification, unauthorized alterations, or operation contrary to SELLER'S printed instructions.
Window Cable and Rod Support Systems
Buyer's remedy for breach of warranty, exclusive of all other remedies provided by law, is limited to repair or replacement at the factory of Seller, any cable or rod window support system within ten years from date of first beneficial use by Buyer. Defective products to be returned to Seller with transportation charges prepaid.
Buyer agrees that in no event will Seller be liable for costs of processing, lost profits, injury to goodwill, or any other consequential or incidental damages of any kind resulting from the order or use of its products, whether arising from breach of warranty, nonconformity to ordered specifications, delay in delivery, or any loss sustained by the Buyer.
Cancellation — Inspection — Rejection
Orders for material or products are not cancelable, either in whole or in part, nor is material returnable for credit. Seller will replace any material not conforming to the product description, as agreed upon by Buyer and Seller as of the date of shipment only if the Buyer notifies Seller, at the address on the Seller's INVOICE, of the particular detail of non-conformance or defect of such material by written or electronic notice, either before or immediately upon delivery, and only if such non-conforming material is returned, sold or otherwise disposed of in accordance with instructions of Seller. Buyer agrees to inspect all of the ordered material either before or upon delivery and waves all his rights to reject or refuse to accept any non-conforming material unless notice is given to Seller in the aforesaid time and manner. Buyer agrees that the right of rejection of non-conforming material, as limited herein, and the right to replacement by Seller with material conforming to the ordered specifications, are exclusive of all other remedies provided by law. Written authorization must be issued by Seller before any material is returned to its plant.
Governing Law
It is agreed that the parties hereto intend that all questions as to validity, interpretation, and required performance arising out of the contract are to be governed by the laws of the State of Minnesota (Uniform Commercial Code).
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