Warranty Information

Emser reserves the right to make delivery in installments. All such installments shall be separately invoiced and paid for when due, without
regard to subsequent deliveries. Delay of any shipment shall not relieve the buyer of its obligation to accept remaining installments. In the event
that Emser’s ability to supply products becomes constrained, for any reason whatsoever, Emser may reduce quantities, delay shipments, or
allocate products among its customers at its discretion.
If part or all of the products are to be delivered from outside of the continental borders of the United States, and such products are not available
for any reason, then Emser may in its reasonable discretion replace the same with like products, but shall be under no obligation to do so. If
Emser does not replace same, then Emser shall notify Buyer within a reasonable period of time and as Buyer’s sole and exclusive remedy
Emser shall give Buyer credit based upon Buyer’s prepayments, if any, for the products.
Inspection and Acceptance
Any product sold or provided by Emser shall be deemed accepted by Buyer upon delivery. Claims for damage, shortage or errors in shipping
must be recorded on the original receiving documents and reported within twenty-four (24) hours following delivery to Buyer.
It is the Buyer’s responsibility to inspect all merchandise prior to installation. If for any reason the material is incorrect or unacceptable for
installation, Buyer shall make such claim to Emser, in writing, before installation.
Emser’s liability in respect to all claims shall be limited to accepting the return of incorrect or unacceptable product before installation, and then
only after Emser has been notied in writing that the material is incorrect or unacceptable and has had the opportunity to inspect the product and
conduct its own investigation. All original packaging materials must be kept until after inspection. Subsequent to any investigation, Emser shall
have the right to supply substitute products. If substitute products are to be supplied, Emser shall have up to 90 days following the conclusion of
Emser’s investigation to so substitute.
All claims for incorrect or unacceptable product should be received in writing within 30 days from shipment date and prior to installation.
Installation of product is deemed acceptance of product and Emser shall not be liable for, and will not recognize, claims made after the start
of the installation including claims of incorrect product; claims of incorrectly sized, colored, shaded, calibrated, or packaged product; claims of
product not matching prior shipments; and/or any other product claims. Emser shall not be responsible for improper installation of products.
Returns
Special order or Non-Stock Product are not returnable and deposits on such are non-refundable. Returns of Emser Stock Product (product
contained within Emser’s current price list) is subject to the prior authorization of Emser, in its discretion.
All return requests must be made within 90 days of shipment date. All product accepted for return must be in its original, unopened packaging,
in full case quantities, and in good condition – suitable for resale. Returns are subject to a 25% Restocking Fee. Additionally, all costs of
returning product to an Emser facility, or the facility of an afliate, agent or original manufacturer, will be the responsibility of the Buyer. After the
assessment of all costs of return, Buyer’s account will either be credited for the excess of its deposit over such costs, or charged for the net of
such costs in excess of its deposit.
Indemnication
Buyer shall at its own expense apply for and obtain any permits and inspections required for the installation and/or use of Emser’s products.
Emser makes no promise or representation that the products will conform to any federal, state or local laws, ordinances, regulations, codes or
standards.
Emser shall not be responsible for any losses or damages sustained by the Buyer, or any other person, as a result of improper installation or
misapplication of Emser’s products. Buyer shall indemnify and hold harmless Emser and its agents and employees against any loss, damage,
claim, suit, liability, judgment or expense (including, without limitation, attorney’s fees) arising out of, or in connection with, any injury, damage to
or loss of any property, or violation of any applicable laws or regulations resulting from, or in connection with, the sale, transportation, installation,
use, or repair of Emser’s products by the Buyer.
3
8431 Santa Monica Boulevard
Los Angeles, California 90069
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
www.emser.com