Limited warranty

Warranties, if any, applicable to Product(s) are those printed and published by COVERMASTER® and in effect at the date of shipment of the relevant Product (“Limited Warranty”) are only available to the original purchaser and are non-transferable to any other parties. Subject to any such Limited Warranty, COVERMASTER® disclaims any and all warranties, representations and conditions of any kind with respect to any Product supplied to and/or work performed on behalf of Purchaser, including, without limitation, any warranty by model or sample, and any implied warranties and conditions of merchantability or fitness for a particular purpose. In no event shall COVERMASTER® be liable for any damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary or punitive damages, loss of profits, loss of use, damage to property, personal injury (including death) or other liabilities), whether or not COVERMASTER® is advised of the possibility of such damages, resulting from use of, or inability to make use of, any Product. In no event shall COVERMASTER® be liable for any damages of any kind occasioned by the acts or omissions of Purchaser or those for whom Purchaser is in law responsible, including without limitation use of the Product other than as intended and as directed by COVERMASTER®, or improper or misuse of the Product. This Limited Warranty shall not apply to normal wear and tear, tears and/or rips in Products, howsoever caused; damage due to weather conditions, including damage due to wind force; or damage to handles or grommets, howsoever caused. Specifically, minor flaws such as surface scrapes, small holes or pleated or minor seam separation or pinholes, or the release of excess carpet surface fiber, or pilling of the surface of the carpet, for any reason, including without limitation contact with Velcro, are not covered under the Limited Warranty. In any event, maximum liability of COVERMASTER® with respect to any claim arising in connection with the Products or Purchaser’s purchase or use thereof will not exceed the purchase price of the Product which is the subject of the claim.

Any applicable Limited Warranty is provided against defects in workmanship and materials only. Any such Limited Warranty is provided only to Purchaser, and applies only when the Product(s) is/are used exclusively for commercial purposes and in the manner for which they are intended. Limited Warranties apply to basic Product(s) only, and do not apply to graphics or other specialty items applied to Product(s) (“Special Applications”). Any replacement Product will not include any Special Application as part of warranty replacement; replacement Special Applications shall be charged separately at COVERMASTER®’s then-current rates with respect to same.

Any Limited Warranty does not apply to damage in transit. Products are shipped FOB origin, freight prepaid, and it is the Purchaser’s responsibility to inspect each Product on delivery and if damage is evident or suspected, to either not accept delivery or to sign the applicable bill of lading as damaged goods and notify COVERMASTER® immediately. COVERMASTER® accepts no responsibility for damage in transit and the final determination and resolution of same with the freight company shall be the Purchaser’s only recourse. If Purchaser accepts the Product(s) on delivery and signs the bill of lading and does not note damage on the bill of lading, Purchaser will be deemed to have waived any rights it may have with respect to any such damage.

Products that are distributed but not manufactured by COVERMASTER® will bear the warranty of the manufacturer only. COVERMASTER® will use its commercially reasonable efforts to assist in the warranty process as a facilitator between Purchaser and any such manufacturer, but assumes no liability whatsoever in regards to any such Product.

COVERMASTER® shall have the right to inspect any Product(s) prior to performance under any Limited Warranty. At its sole option, pursuant to the Limited Warranty, COVERMASTER® may provide replacement parts, repair the Product or provide repair materials to enable Purchaser to effect repair, furnish replacement products or provide to Purchaser a full or partial credit with respect to any Product determined by COVERMASTER® in its sole discretion to be defective. Should COVERMASTER® in its sole discretion determine that the Product is to be returned, then Purchaser, upon receipt of authorization to do so by an officer of COVERMASTER®, shall return the Product to COVERMASTER®, freight prepaid. In such event, upon COVERMASTER®’s request, Purchaser shall package the Product properly for transportation and will bear the risk of damage occurring during transportation. If the warranted Product is to be returned, then any applicable warranty discounts will not be applied until the Product is received by COVERMASTER®.

No modification of any Limited Warranty shall be effective unless agreed to in writing by an authorized representative of COVERMASTER®. Sales representatives of COVERMASTER® have no authority to modify any Limited Warranty in any manner.

Unless Purchaser notifies COVERMASTER® in writing within thirty (30) days of receipt of a Product of warranty issues, Purchaser shall be deemed to have inspected the Product and tested same for its intended use, and to have accepted the Product. Any warranty claim submitted by Purchaser thereafter and accepted by COVERMASTER® in accordance with these terms shall be pro-rated in accordance with the COVERMASTER® Warranty Chart, based on the number of year(s) from the invoice date. If COVERMASTER® replaces a Product under any Limited Warranty, said replacement will be charged at the then-current retail price of the Product, plus freight charges. A percentage discount will be applied to such then-current retail price, based on the applicable year of the warranty as indicated on the COVERMASTER® specific product Warranty Chart(s). In order to receive any replacement product, Purchaser must first submit a purchase order with respect to same, such purchase order to be paid in full prior to shipping, reflecting the discounted price of the replacement product, including applicable freight costs.

Replacement products will be manufactured based on the first available date in the COVERMASTER® production schedule, which will be scheduled, if applicable, upon receipt by COVERMASTER® of the defective Product. Where applicable, dye lots cannot be guaranteed, and customer accepts that color variance from original Product may occur.

The applicable Limited Warranty period will commence on the date of the invoice submitted by COVERMASTER® with respect to the applicable Product, regardless of the date on which the Product was shipped or received by Purchaser. Discounts will not apply to freight charges. No Limited Warranty shall apply to any such replaced Product(s).

In order for the COVERMASTER® Limited Warranty to apply, Purchaser must (i) submit proof of purchase; and (ii) complete and sign COVERMASTER®’s Warranty Claim Form, and submit same to COVERMASTER® within thirty (30) days of discovery of the alleged defect, including photographs of the alleged defect. The date of receipt of the Warranty Claim Form by COVERMASTER® will be used to determine the amount of any applicable warranty discount, notwithstanding any other communications which may have taken place with respect to same. Where the warranty claim is accepted by COVERMASTER®, Purchaser must submit a purchase order to COVERMASTER® for any Products and/or repair materials provided under the Limited Warranty, including applicable freight costs. Such purchase order must acknowledge that the discount will only apply after COVERMASTER® receives the returned Product, when required by COVERMASTER®. Warranty work will not be commenced until this purchase order, where applicable, is received.