FORM TEC/PLASTICS, INC. PRODUCT WARRANTY AND DISCLAIMER
GENERAL DISCLAIMER. THE FORM TEC/Plastics Inc. AND OR ANY OF ITS
AFFILIATES/REPRESENTATIVES GIVE NO WARRANTY, EXPRESS OR IMPLIED,
AS TO DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR ANY
PARTICULAR PURPOSE, PRODUCTIVENESS, OR ANY OTHER MATTER, OF ANY
GOODS WHICH THE FORM TEC/PLASTICS, INC. SHALL SUPPLY TO BUYER UNDER
THIS AGREEMENT. THE FORM TEC/PLASTICS, INC. SHALL BE IN NO WAY
RESPONSIBLE FOR THE PROPER USE AND SERVICE OF THE GOODS, AND THE
BUYER HEREBY WAIVES ALL RIGHTS OF REFUSAL AND RETURN OF GOODS.
DISCLAIMER OF EXPRESS WARRANTIES. ANY AFFIRMATION OF FACT OR
PROMISE MADE BY FORM TEC/PLASTICS, INC. SHALL NOT BE DEEMED TO
CREATE AN EXPRESS WARRANTY THAT THE MATERIALS SHALL CONFORM TO
THE AFFIRMATION OR PROMISE; ANY DESCRIPTION OF THE GOODS IS FOR
THE SOLE PURPOSE OF IDENTIFIYING THEM AND SHALL NOT BE DEEMED TO
CREATE ANY EXPRESS WARRANTY THAT THE GOODS SHALL CONFORM TO
SUCH DESCRIPTION; ANY SAMPLE OR MODEL OF THE GOODS IS FOR
ILLUSTRATIVE PURPOSES ONLY AND SHALL NOT BE DEEMED TO CREATE AN
EXPRESS WARRANTY THAT THE GOODS SHALL CONFORM TO THE SAMPLE OR
MODEL; AND NO AFFIRMATION OR PROMISE, DESCRIPTION, OR SAMPLE
MODEL SHALL BE DEEMED PART OF THE BASIS OF THE PARTIES’ BARGAIN.
DISCLAIMER OF IMPLIED WARRANTIES. THIS SALE IS MADE ON THE
EXPRESS UNDERSTANDING THAT THERE IS NO IMPLIED WARRANTY THAT
THE GOODS SHALL BE MERCHANTABLE OR AN IMPLIED WARRANTY THAT
THE GOODS SHALL BE FIT FOR ANY PARTICULAR PURPOSE. THE BUYER
ACKNOWLEDGES THAT IT IS NOT RELYING ON THE FORM TEC/PLASTICS, INC.’s
SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY
PARTICULAR PURPOSE AND THAT THERE ARE NO WARRANTIES WHICH
EXTEND BEYOND THE DESCRIPTION OF THE GOODS ON THE FACE HEREOF.
DISCLAIMER OF WARRANTIES AND CONSEQUENTIAL DAMAGES. THE
WARRANTY PROVIDED IN THIS ARTICLE AND THE OBLIGATIONS AND
LIABILITIES OF FORM TEC/PLASTICS, INC. THEREUNDER ARE EXCLUSIVE AND IN
LIEU OF, AND BUYER HEREBY WAIVES, ALL OTHER REMEDIES, WARRANTIES,
GUARANTIES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR
OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATIONS OF THE
FORM TEC/PLASTICS, INC. WITH RESPECT TO FITNESS, MERCHANTABILITY AND
CONSEQUENTIAL DAMAGES) OR WHETHER OR NOT OCCASIONED BY FORM
TEC/PLASTICS, INC.’s NEGLIGENCE. THIS WARRANTY SHALL NOT BE EXTENDED,
ALTERED, OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY FORM
TEC/PLASTICS, INC. AND BUYER. THE PARTIES ALSO AGREE THAT, REGARDLESS
OF THE FAILURE OF THE SOLE AND EXCLUSIVE REMEDY, FORM TEC/PLASTICS,
INC. WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES OF ANY KIND
OR NATURE. THE PARTIES INTEND THE EXCLUSION OF CONSEQUENTIAL
DAMAGES AS AN INDEPENDENT AGREEMENT APART FROM THE SOLE AND
EXCLUSIVE REMEDY HEREIN.
LIMITATION OF DAMAGES. IF BUYER ACCEPTS THE GOODS AND WITHIN
SEVEN (7) DAYS DISCOVERS OR SHOULD HAVE DISCOVERED ANY BREACH OF
WARRANTY AND NOTIFIES FORM TEC/PLASTICS, INC. OF SUCH BREACH IN
WRITING, THE SOLE AND EXCLUSIVE MEASURE OF DAMAGES UNDER THIS
CONTRACT SHALL BE THE DIFFERENCE AT THE TIME AND PLACE OF
ACCEPTANCE BETWEEN THE VALUE OF THE GOODS ACCEPTED AND THE
VALUE THE GOODS WOULD HAVE HAD IF THEY HAD BEEN AS WARRANTED.
UPON NOTICE TO FORM TEC/PLASTICS, INC. OF ITS INTENTION TO DO SO, BUYER
MAY DEDUCT ALL OR ANY PART OF SUCH DAMAGES FROM ANY PART OF THE
PURCHASE PRICE REMAINING DUE UNDER THIS CONTRACT. NO CLAIM SHALL
BE MADE FOR PROXIMATE DAMAGES OF A DIFFERENT AMOUNT, NOR MAY
ANY RECOVERY BE HAD FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
(EXCEPT CONSEQUENTIAL DAMAGES FOR INJURY TO THE PERSON IN THE
CASE OF CONSUMER GOODS).
LIMITED WARRANTY. FORM TEC/PLASTICS, INC.’S OBLIGATION UNDER THIS
WARRANTY IS LIMITED TO REPLACING OR REPAIRING, FREE OF CHARGE,
F.O.B. POINT OF MANUFACTURE, ANY DEFECTIVE PART OR PARTS OF THE
PRODUCT THAT WERE MANUFACTURED BY FORM TEC/PLASTICS, INC. WHICH
ARE RETURNED TO FORM TEC/PLASTICS, INC. AT SHIELDS ® WINDSHIELDS,
1000 INDUSTRIAL DR., MARTINSVILLE, IN 46151, PROVIDED THAT SUCH PART
OR PARTS ARE RETURNED TO FORM TEC/PLASTICS, INC.’S FACTORY NOT LATER
THAN SEVEN (7) DAYS RECEIPT OF THE PRODUCT AND ARE RETURNED PRIOR
TO INSTALLATION OR USE.
FORM TEC/PLASTICS, INC. DOES NOT WARRANT THESE PRODUCTS TO MEET THE
REQUIREMENTS OF ANY SAFETY CODE OF ANY COUNTRY, STATE,
MUNICIPALITY, OR OTHER JURISDICTION, AND PURCHASER ASSUMES ALL
RISK AND LIABILITY WHATSOEVER RESULTING FROM THE USE THEREOF,
WHETHER USED SINGLY OR IN COMBINATION WITH OTHER MACHINES OR
APPARATUS.
THIS WARRANTY SHALL NOT APPLY TO ANY PRODUCT, OR PARTS THEREOF,
WHICH (1) HAS BEEN REPAIRED OR ALTERED OUTSIDE OF FORM TEC/PLASTICS,
INC. FACILITIES, (2) ALTERED IN ANY WAY SO AS, IN THE REASONABLE
JUDGEMENT OF FORM TEC/PLASTICS, INC., TO AFFECT ADVERSELY THE
STABILITY OR RELIABILITY OF FORM TEC/PLASTICS, INC. PRODUCT, (3) HAS
BEEN SUBJECT TO MISUSE, NEGLIGENCE, OR ACCIDENT, OR (4) HAS NOT BEEN
OPERATED AND/OR MAINTAINED IN ACCORDANCE WITH FORM TEC/PLASTICS,
INC. PRINTED INSTRUCTIONS OR HAS BEEN OPERATED UNDER CONDITIONS
MORE SEVERE THAN, OR OTHERWISE EXCEEDING, THOSE SET FORTH IN THE
SPECIFICATIONS FOR SUCH PRODUCTS.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FORM
TEC/PLASTICS, INC. SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
RESULTING, DIRECTLY OR INDIRECTLY, FROM THE USE OR LOSS OF USE OF
THE PRODUCT, INCLUDING CONSEQUENTIAL DAMAGES, INCLUDING
WITHOUT LIMITATION, PURCHASER’S EXPENSES FOR DOWNTIME OR FOR
MAKING UP DOWNTIME, DAMAGES FOR WHICH THE PURCHASER MAY BE
LIABLE TO OTHER PERSONS, DAMAGES TO PROPERTY, AND INJURY TO OR
DEATH OF ANY PERSONS. FORM TEC/PLASTICS, INC. NEITHER ASSUMES NOR
AUTHORIZES ANY PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN
CONNECTION WITH THE SALE OR USE OF FORM TEC/PLASTICS, INC.’S PRODUCT,
AND THERE ARE NO ORAL AGREEMENTS OR WARRANTIES COLLATERAL TO
OR AFFECTING THIS AGREEMENT. THE PARTIES ALSO AGREE THAT,
REGARDLESS OF THE FAILURE OF THE SOLE AND EXCLUSIVE REMEDY, FORM
TEC/PLASTICS, INC. WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES
OF WHATSOEVER KIND OR NATURE. THE PARTIES INTEND THE EXCLUSION OF
CONSEQUENTIAL DAMAGES AS AN INDEPENDENT AGREEMENT APART FROM
THE SOLE AND EXCLUSIVE REMEDY HEREIN.
END USE CONDITIONS. FORM TEC/PLASTICS, INC. MAKES NO WARRANTY OR
GUARANTEE, EXPRESS OR IMPLIED, (i) THAT THE RESULTS DESCRIBED
HEREIN WILL BE OBTAINED UNDER END-USE CONDITIONS, OR (ii) AS TO THE
EFFECTIVENESS OR SAFETY OF ANY DESIGN INCORPORATING ITS PRODUCTS,
MATERIALS, SERVICES, RECOMMENDATIONS OR ADVICE. EXCEPT AS
PROVIDED IN FORM TEC/PLASTICS INC.’S STANDARD CONDITIONS OF SALE,
FORM TEC/PLASTICS INC. AND ITS REPRESENTATIVES SHALL IN NO EVENT BE
RESPONSIBLE FOR ANY LOSS RESULTING FROM ANY USE OF ITS MATERIALS,
PRODUCTS OR SERVICES DESCRIBED HEREIN.
RISK OF HARM OR LOSS. BUYER HEREBY ACKNOWLEDGES AND
UNDERSTANDS THAT IMPROPER USE OR INSTALLATION OF POLYCARBONATE
PRODUCTS CAN CAUSE SERIOUS BODILY HARM OR DEATH. POLYCARBONATE
IS AFFECTED BY LIGHT AND THEREFORE USE OF HEAVY MACHINERY
INSTALLED WITH POLYCARBONATE PRODUCTS CAN SERIOUSLY LIMIT
VISIBILITY DEPENDING ON WEATHER CONDITIONS AND TIME. BUYER
ACKNOWLEDGES THAT FORM TEC/PLASTICS, INC. IS NOT LIABLE FOR INJURY
OR DEATH CAUSED BY END-USE OF POLYCARBONATE PRODUCTS, AND BY
PURCHASE OF THE PRODUCT, BUYER HEREBY INDEMNIFIES AND HOLDS
HARMLESS FORM TEC/Plastics, Inc. FOR ALL CLAIMS, DAMAGES, INJURIES, AND
LOSS ASSOCIATED WITH ITS USE OF POLYCARBONATE PRODUCTS
PURCHASED THEREFROM.
EACH USER BEARS FULL RESPONSIBILITY FOR MAKING ITS OWN
DETERMINATION AS TO THE SUITABILITY OF FORM TEC/PLASTICS INC.’S
BUSINESS’ PRODUCTS, MATERIALS, SERVICES, RECOMMENDATIONS, OR
ADVICE FOR ITS OWN PARTICULAR USE. EACH USER MUST IDENTIFY AND
PERFORM ALL TESTS AND ANALYSES NECESSARY TO ASSURE THAT ITS FINISHED
PARTS INCORPORATING FORM TEC/PLASTICS INC.’S PRODUCTS, MATERIALS, OR
SERVICES WILL BE SAFE AND SUITABLE FOR USE UNDER END-USE CONDITIONS.
NOTHING IN THIS OR ANY OTHER DOCUMENT, NOR ANY ORAL RECOMMENDATION
OR ADVICE, SHALL BE DEEMED TO ALTER, VARY, SUPERSEDE, OR WAIVE ANY PROVISION
OF FORM TEC/PLASTICS INC.’S BUSINESS’ STANDARD CONDITIONS OF SALE OR THIS
DISCLAIMER, UNLESS ANY SUCH MODIFICATION IS SPECIFICALLY AGREED TO IN A W
RITING SIGNED BY FORM TEC/PLASTICS INC.’S BUSINESS. NO STATEMENT CONTAINED
HEREIN CONCERNING A POSSIBLE OR SUGGESTED USE OF ANY MATERIAL, PRODUCT,
SERVICE OR DESIGN IS INTENDED, OR SHOULD BE CONSTRUED, TO GRANT ANY LICENSE
UNDER ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF FORM TEC/PLASTICS, INC.
OR ANY OF ITS SUBSIDIARIES OR AFFILIATES COVERING SUCH USE OR DESIGN, OR AS A
RECOMMENDATION FOR THE USE OF SUCH MATERIAL, PRODUCT, SERVICE OR DESIGN
IN THE INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT.