Falcon Brand Warranty

Price Book 106
Effective February 25, 2008
ii
General Terms & Conditions of Sale and Service
5. CLAIMS.
((a) All claims must be submitted in writing to Company as follows: (i)
All claims for prices must be submitted within thirty (30) days from the
date of invoice. (ii) All claims for Product quantity or incorrect orders
must be submitted within ten (10) days from the date of delivery. (iii) All
claims for damage to Products (while in the care, custody, and control
of Company) must be submitted within thirty (30) days from the date of
invoice.
6. PRODUCT CHANGES.
Company reserves the right to change without notice the design of, or
the process of manufacturing, the Products covered by this Agreement;
provided that the foregoing will not be construed as relieving Company
from its obligation to deliver Products which conform to the
specifications which Company may have furnished to Customer.
7. PRODUCT RETURNS.
Products may not be returned unless Customer receives written
authorization from Company. If returns are authorized by Company, a
return merchandise authorization (“RMA”) number must be provided by
Company. Products identified under such RMA must be returned to
Company within 90 days of issuance of the RMA. Such RMA number
and any accompanying RMA documents, the original invoice number,
and a written explanation for the return must be included with the
returned Products in order for Company to inspect and approve a credit
for the return. Such credit will only be issued if, after Company’s receipt
and inspection of Products, Company approves the return. Only those
Products which have been in Customer’s inventory no more than 180
days from the date of shipment by Company and which are current,
standard, non-obsolete, non-specially manufactured, unused, in their
original condition as at the time of sale by Company to Customer, and
are in their original packaging may be considered by Company for
return. In the event Company approves a return, a credit will be made to
Customer’s account less freight, and a handling and reprocessing
charge of 35% of the net material value on the original invoice. Products
requiring reconditioning to return the Products to a saleable condition
may be credited to Customer’s account less freight and a handling and
reprocessing charge of 50% of the net material value and less 2% for
the cash discount allowance on the original invoice.
8. TECHNICAL INFORMATION AND ADVICE.
(a) All designs, data, and specifications provided by Company are
proprietary and will not be disclosed or reused by Customer without the
prior written consent of Company. (b) Company assumes no obligation
or liability for any advice given by Company, the results obtained, or
damages incurred, and all such advice is given and accepted at
Customer’s risk.
9. LIMITED WARRANTY.
(a) Company's Standard Limited Warranty(ies) relating to Products or
Services are applicable to this Agreement. The limited warranty(ies) are
(i) attached to this Agreement; (ii) separately identified in the specific
Product Price Book; or (iii) separately furnished by Company to
Customer. (b)(i) In the event that certain Product warranties are not
attached to this Agreement or separately furnished, Company warrants
only to Customer that Products will be free from defects in material and
workmanship for a period of 12 months from the date of shipment of the
Products. Company’s sole obligation under this warranty is limited to
repairing or replacing, at its option, the defective Products. (ii) The
provisions of this limited Product warranty do not apply to Products: (A)
used for the purposes for which they are not designed or intended; (B)
which have been repaired or altered without Company's prior written
consent; (C) which have been subjected to misuse, abuse, negligence,
or accident; (D) which have been improperly stored, installed,
maintained, or operated; (E) which have been used in violation of written
instructions provided by Company to Customer; (F) which have
subjected to improper temperature, humidity, or other environmental
conditions; (G) which have been affected by normal wear and tear; or
(H) which, based on Company's examination, do not disclose to
Company's satisfaction nonconformance to the warranty. (c)(i) In the
event that certain Service warranties are not attached to this Agreement
or separately furnished, Company warrants only to Customer that the
Services will be free from defects in material and workmanship for a
period of 6 moths from the date of completion of the particular items of
Service. Company’s sole obligation under this warranty is limited to
repairing or reperformance, at its option, of the Service; provided
however, if repair or reperformance is either impractical or impossible,
the Company will refund to Customer that portion of the price paid to the
Company for the defective item of Service. This warranty only applies if
the company is given written notice of the defect or nonconformance by
the Customer within 30 days of discovery. (ii) The provisions of this
limited Service warranty does not apply to any defects or issues with the
design or performance of equipment or products not manufactured by
Company, nor does it apply to any code compliance or permit
requirements for the assembly, installation, erection, or construction of
any goods
10. CUSTOMER'S REMEDIES.
THE CUSTOMER'S EXCLUSIVE AND SOLE REMEDY ON ACCOUNT OF,
OR IN RESPECT OF, THE FURNISHING OF PRODUCTS OR SERVICES
THAT DO NOT CONFORM TO THIS AGREEMENT WILL BE TO (A)
SECURE REPAIR OR REPLACEMENT OF THE PRODUCTS; OR (B)
SECURE REPAIR OR REPERFORMANCE OF THE SERVICES OR TO
OBTAIN A REFUND OF THE PRICE PAID FOR THE DEFECTIVE SERVICE,
ALL AT COMPANY’S OPTION. IN NO EVENT WILL THE COMPANY'S
MAXIMUM LIABILITY EXCEED THE SELLING PRICE FOR THE
PRODUCTS OR ITEM OF SERVICE.
11. LIMITATION OF LIABILITY.
IN NO EVENT WILL COMPANY BE LIABLE FOR INCIDENTAL,
CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES
INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OF THE PRODUCTS,
SERVICE INTERRUPTION, LOSS OF PROFITS, LOSS OF REVENUE,
INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF
OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR
NON-OPERATION, INCREASED EXPENSES OF OPERATION, OR
CLAIMS OF CUSTOMER'S CUSTOMERS, WHETHER BASED ON
CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO,
STRICT LIABILITY OR NEGLIGENCE), PATENT INFRINGEMENT, OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
12. STATUTE OF LIMITATIONS.
NO ACTION ARISING OUT OF ANY CLAIMED BREACH OF THIS
AGREEMENT BY COMPANY MAY BE BROUGHT BY CUSTOMER MORE
THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN.
13. CONSUMER PRODUCTS.
With respect to “consumer products” as defined under the Magnuson-
Moss Warranty Act (“MMWA”), the following statements are made. (a)
Some states do not allow limitations on how long an implied warranty
lasts, so the above limitation may not apply to you. IF ANY IMPLIED
WARRANTY IS PROVIDED UNDER THE MMWA, IT IS LIMITED TO THE
DURATION OF THE WARRANTY PROVIDED IN SECTION 9 ABOVE. (b)
Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not
apply to you. (c) This warranty gives you specific legal rights and you
may also have other rights which vary from state to state.
14. FORCE MAJEURE.
Any delay or failure of Company to perform its obligations hereunder will
be excused to the extent that it is caused by an event or occurrence
beyond its control such as, by way of example and not by way of
limitation, acts of God, actions by any governmental authority (whether
valid or invalid), governmental laws and regulations not presently in
effect, fires, floods, windstorms, explosions, riots, natural disasters,
wars, sabotage, accidents, labor problems (including, but not limited to,
lockouts, strikes, and slowdowns) at Company's facility, its source plant
or their suppliers, inability to obtain power, material, labor equipment, or
transportation, or court injunction or order. The delivery date will be
extended for a time equal to that of the delay and the schedule for
Company’s performance will be deemed adjusted in the individual
order(s) to that effect.
15. ENTIRE AGREEMENT AND AMENDMENT.
This Agreement, together with any attachments or supplements
specifically referenced in this Agreement, constitutes the entire
agreement between the parties hereto and supersedes all previous
communications, representations, or agreements, either oral or written,
between the parties hereto with respect to the subject matter hereof. No
agreement or understanding varying or expanding this Agreement will
be binding upon either party hereto unless it is in writing and signed by
a duly authorized representative thereof.