Warranty Guide

4
8431 Santa Monica Boulevard
Los Angeles, California 90069
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
www.emser.com
Warranty
Emser warrants only to its immediate Buyer, and to no other person, that its products will, on the date of shipment, meet the terms of Emser’s
Bid Conrmation, Order Acknowledgement, or Sales Order pursuant to which such products were sold.
Manufactured Products: Emser warrants that manufactured products will be free from defect for a period of oneyear from date of purchase.
Defect is dened as a shortfall in the product to perform to specications as disclosed in product or trade literature, within industry allowable
tolerances as set forth in standard, national industry protocols.
This one-year express warranty is the sole warranty extended and replaces any statutory warranties to the maximum extent allowable by law.
Customer misuse including negligence, physical, or chemical abuse is not covered by this warranty. Installation defects or installations that
violate building codes are not covered by this warranty. All warranty claims must be reported immediately. Failure to report any warranty claim
within 30 days of defect discovery will void this warranty. All products must be inspected prior to installation. Visual defects or nonconformities
apparent prior to installation voids this warranty. Manufactured tile is subject to variation due to an inherent variability in raw materials and
production processes. Ceramic tile with a rating of V3 or V4 may contain higher levels of variation. All products should be inspected prior to
installation.
Natural Stone Products: Natural stone products, including, but not limited to, travertine, limestone, granite, marble, onyx, and slate, are
products of nature mined and cut from natural formations which may inherently contain high levels of variation. Because these products are
mined and cut from natural formations instead of manufactured, quality warranties are limited to the specied representations in Emser product
literature, trade product literature, and guidelines established by the Marble Institute of America. Emser does not warrant natural stone products
for shade, size, thickness, warping, cleft variations, surface nish variations, or other natural defects on stone products.
EMSER DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
No agent, employee or other representative of Emser has the authority to create any other afrmation, warranty or representation, either oral or
written, regarding Emser’s products.
THE LIABILITY OF EMSER UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE)
SHALL BE LIMITED AS FOLLOWS: THE SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY, EXPRESS OR IMPLIED,
SHALL BE THE REPLACEMENT OF DEFECTIVE GOODS F.O.B. EMSER’S FACILITY OR, AT EMSER’S OPTION, REFUND OF THE
PURCHASE PRICE OF SUCH DEFECTIVE GOODS.
IN NO EVENT SHALL EMSER BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR OTHER DAMAGES BY REASON OF
ANY BREACH OF WARRANTY, OR ANY DELAY OR FAILURE IN DELIVERY, WHETHER OR NOT EMSER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Buyer acknowledges and agrees that the foregoing disclaimer of warranties and limitations on Emser’s liability are an essential basis for Buyer’s
agreement with Emser, that Emser would not have entered into this agreement but for such provisions, and that the exclusion of special,
incidental, consequential, indirect or other damages shall apply and be enforced whether or not Emser is able to replace any defective goods or
complete any delivery.
Any suit or other legal action that Buyer may bring against Emser arising out of the sale of goods or other transactions contemplated hereby
(whether in contract, tort, strict liability or otherwise) must be led within 12 months from the earlier of (i) delivery of goods hereunder, or (ii) the
date of Emser’s alleged breach. Buyer’s failure to le within such period shall be deemed to act as a waiver and time bar for any and all claims
against Emser Tile, LLC.
Non-Waiver
Emser’s waiver of any of these Terms in any instance is limited to that instance and does not imply that Emser will waive such Terms on any
future occasion.