LIMITED WARRANTY AND LIABILITY PROVISION (LWLP)
1. General Limited Warranty
Aerospheres, Inc. (Seller) warrants that at the time of the transfer of products furnished by Seller to the Freight Forwarder and or Intermediary Consignee and or Buyer, the products will be free from defects in material and workmanship and will conform to the specifications and or drawings set forth in writing on the Purchase Order of the Buyer. Except for latent defects, all products furnished shall be deemed to be finally accepted by Buyer unless Seller receives notice within a reasonable time period, not to exceed 30 days after receipt of products by the Buyer. As to latent defects, the Buyer may reject products within 90 days of transfer of title to the Freight Forwarder, Intermediary Consignee, and or Buyer. There shall be no warranties which extend beyond the description on the face hereof. The warranties in this General Limited Warranty are the only warranties applicable to the products. There are no other warranties, representations or conditions of any kind, express or implied, statutory or otherwise, with respect to the products supplied hereunder including, without limitation, any implied warranties of merchantability of fitness for a particular purpose.
2. Warranty Provisions
There shall be no continuing Warranty by Seller for defects attributable in whole or in part to normal wear and tear or to factors beyond the control of the Seller, including but not limited to:
a. Improper installation(s) and or use(s) of the products.
b. Use in improper application(s) or condition(s) or in conjunction with improper material(s).
c. Improper transporting of the product(s).
d. Failure to adhere to applicable instructions of the Manufacturer concerning the proper handling, installation, testing and use of the product(s).
e. Failure to adhere to applicable standards set forth by local laws, codes, or regulations and the applicable industry standards.
f. Any other improper activities not listed above or damage caused by the fault or negligence of anyone other than Aerospheres, Inc..
g. Once the material is altered, converted, and or utilized in the production of an end product.
h. Where abnormal environmental and or operating conditions are encountered by the aircraft and or Buyer’s end item or product.
3. Buyer’s Responsibility
The Buyer recognizes, acknowledges, understands, and accepts that Aerospheres, Inc. is not the Manufacturer of any product supplied. Therefore, the Buyer shall release and hold harmless the Seller from any and all legal action related to safety and or health issues related to and or resulting from the use of the products. Furthermore, the Buyer confirms that it has reviewed the Material Safety Data Sheets (MSDS) issued by the Manufacturer, and have taken all precautions and safety measures required to protect its employees, third parties, and its customers prior to the usage of the product.
4. Seller’s Liability
The Seller’s liability for defective and or non-conforming products is limited to the replacement of the products pertaining to the specific order, including domestic surface freight shipping charges within the Continental United States of America or the refund of the purchase price as Seller may elect. Defective and or non-conforming products shall not be returned to the Seller without Seller’s prior written consent and permission. Under no circumstances shall the Seller be liable for lost profits, loss of goodwill, loss of business opportunities, damage to reputations, special damages, indirect damages, delay damages, punitive damages, exemplary damages, consequential damages, incidental or other damages, including without limitation any costs incurred in connection with the removal or reinstallation of allegedly defective products. The remedies expressed are exclusive. All claims for defective or non-conforming products shall be made in writing and submitted within the period specified in the General Limited Warranty.
Every claim under this Warranty shall be void unless it is made in writing and received by Aerospheres, Inc., located at 220 Little Falls Road, Unit 1, Cedar Grove, New Jersey 07430, United States within 10 days of the date the defect was discovered, and, in any event, within a time period not to exceed 30 days after receipt of the products by the Buyer. No claim under this General Limited Warranty will be valid unless the following items are submitted within a time period not to exceed 30 days after receipt of the products by the Buyer.
a. Proof of purchase with the date thereof as well as a description of the alleged defect in reasonable detail is presented to the satisfaction of Aerospheres, Inc..
b. Written permission and/or a Return Goods/Merchandise Authorization (RGA/RMA) or a written release for disposal of the products by the Seller to Buyer.
c. Aerospheres, Inc. and or its Third Party designee is given the opportunity to inspect the allegedly defective products.
d. At the request of Aerospheres, Inc., representative samples of the allegedly defective products are returned to Aerospheres, Inc. in accordance with Seller’s instructions.
Buyer acknowledges that the Seller is a distributor and not the original Manufacturer of the products purchased. Seller is at the complete mercy of the Manufacturer for a timely delivery of the products. Seller denies any liability for failure to deliver products on time, including but not limited to production delays or damages in transportation.
7. Order Cancellation
Seller shall accept order cancellation, provided, the Manufacturer of the products is an agreement of same. The Seller shall have the right to charge Buyer for any losses or expenses, including but not limited to re-stocking, transportation, handling, or other miscellaneous charges in connection with Buyer cancellation.
In the event that any provision of this Limited General Warranty is held to be illegal or unenforceable by any court of competent jurisdiction, the remaining provisions of this Limited General Warranty shall remain in full force and effect.
This Limited General Warranty shall be governed by the laws of the state of New Jersey in the United States of America without regard to such state’s conflicts of law principles that would require the application of the law of any other jurisdiction. Any and all disputes arising out of or relating to this Limited General Warranty shall be subject to the exclusive jurisdiction of the county of Essex, and the state of New Jersey, in the United States of America, or, at the sole discretion of Aerospheres, Inc., to binding arbitration before a single arbitrator pursuant to the American Arbitration Association’s Commercial Dispute Resolution Procedures, with such arbitration to take place in the locations stated above.
Aerospheres, Inc. reserves the right to revise this Limited Warranty and Liability Provision (LWLP) without notice at any time.
220 Little Falls Road – Unit 1 – Cedar Grove, New Jersey 07009 – United States of America - Telephone: 973-857-6232 | Facsimile: 973-857-6240