Warranty

Feeney, Inc.
CableRail Warranty 3 Rev. 100112
THE REMEDIES PROVIDED ABOVE ARE THE ORIGINAL PURCHASER’S SOLE
REMEDIES FOR ANY DEFECT WITH RESPECT TO THE PRODUCT. CORRECTION
OF ANY NON-CONFORMITY OR DEFECT IN THE MANNER AND FOR THE PERIOD
OF TIME PROVIDED ABOVE SHALL CONSTITUTE COMPLETE FULFILLMENT OF
ALL OF THE LIMITED WARRANTY LIABILITIES OF FEENEY WHETHER THE
CLAIMS OF THE ORIGINAL PURCHASER ARE BASED IN AN ACTION IN
CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE WITH
RESPECT TO THE PRODUCT.
4. Limitation of Damages. NOTWITHSTANDING ANYTHING ELSE TO THE
CONTRARY, FEENEY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, AGENTS, AND ANY AFFILIATED COMPANIES SHALL NOT BE
LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR
OTHER INDIRECT DAMAGES, AND FEENEY’S TOTAL LIABILITY ARISING AT
ANY TIME FROM THE SALE OR USE OF THE PRODUCT SHALL NOT EXCEED THE
PURCHASE PRICE PAID FOR THE PRODUCT. THESE LIMITATIONS APPLY
WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY
OR ANY OTHER THEORY.
5. "As Is". Except for the Limited Warranty provided herein, the Product is provided "As
Is," without warranty of any kind whatsoever, including, without limitation, any warranty of
merchantability, fitness for a particular purpose or non-infringement. If any implied warranty
cannot be disclaimed in any territory where a Product is sold, the duration of such implied
warranty shall be limited to the duration of the applicable Warranty Period set forth in this
Limited Warranty. Except as expressly covered under this Limited Warranty, the entire risk as
to the quality, selection and performance of the Product is with the Original Purchaser.
6. Procedure for Submitting Claim and Returning Defective Product. Upon discovery of
any defect in the Product to which this Limited Warranty applies, the Original Purchaser shall
notify Feeney in writing, at the address set forth below, of such defect, which such writing shall
set forth, in detail, the nature and scope of the defect claimed and shall be accompanied by a
copy of the original receipt or invoice for the Product. In addition, the Original Purchaser shall
contact Feeney for specific instructions regarding the return of any Product and shall thereafter
deliver such defective Product pursuant to Feeney’s instructions, freight prepaid, in either its
original packaging or packing providing an equal degree of protection. Feeney reserves the right
to inspect the Product for which a claim is being made hereunder upon receipt of the written
notice described herein. Unless otherwise provided in writing by Feeney, written notice of any
defect under this Limited Warranty shall be addressed to Feeney as follows:
Feeney, Inc.
2603 Union Street
Oakland, California 94607
7. Returns of Non-Defective Product. Subject to the terms and conditions contained in this
Section 7, if the Original Purchaser is dissatisfied with the Product for any reason (other than a
claimed defect), the Original Purchaser may return said Product to Feeney within thirty (30) days
from the date of original purchase for a refund of the full purchase price for said Product less the
restocking fee described below and any costs incurred by Feeney in connection with the return of
said Product; provided, however, that Original Purchaser shall contact Feeney to obtain