The Company warrants that the Products manufactured by it and delivered under this Contract are free of substantial defects in material and workmanship for a period of twelve months from the date of shipment to Partner. Partner or end user must promptly report to the Company in writing any failure of the Products to conform to the warranty within the one-year warranty period. The Company will, at its discretion, correct such nonconformity by suitable field repair to such Products or it will furnish a replacement part FCA point of shipment (Incoterms 2012), provided the Partner and any affiliated parties have stored, installed, maintained and operated such Products in accordance with good industry practices and has complied with specific recommendations of the Company.
The Company is not liable for any repairs, replacements, or adjustments to the Products or any costs of labor performed by Partner or others without the Company’s prior written approval. The Company is not responsible for any costs associated with the taking down or putting up of defective products. Repair or replacement of defective Products will constitute fulfillment of all responsibility and liability of the Company for such nonconformities. Products will not be accepted for return without the prior consent of Company. If approved for return, Company will issue a return goods authorization (RGA). A restocking charge will apply to Products that are authorized for return and are in first-class, resalable condition, and accompanied by the RGA, freight prepaid.
All products are designed and fabricated to withstand the load applied when properly selected using the EPA chart in the catalog. Some geographical areas have special wind conditions that can create wind induced vibrations causing a fatigue problem. No method has yet been found for predicting destructive lighting pole vibration. These conditions are unique but cannot be guaranteed against, and are the responsibility of a local site engineer. As a result, Company expressly disclaims any warranties (express or implied, oral or written) with respect to damage caused to the products or caused by the products due to wind-induced (Aeolian) vibrations.
Except for the warranties set forth above which are limited warranties and the only warranties made by the Company, the products, services, and deliverables are provided strictly “as is,” and the company makes no additional warranties, expressed or implied, arising from course of dealing or usage of trade, or statutory, as to the products, deliverables or services provided under this contract, or any matter whatsoever. In particular, any and all implied warranties of merchantability, title, satisfactory quality, fitness for a particular purpose and non-infringement are hereby disclaimed by the company and are excluded by the parties.