EMTEK Products, Inc. (the “Company”) warrants to the original purchaser that, except for products with Rust, Deep Burgundy, Medium Bronze, Flat Black Patina and Silver Patina finishes, the products manufactured by it (the “Products”) are free of defects in material and workmanship, provided:
1. the Company has been notified within five years of purchase date and has been given the opportunity of inspection by return of any alleged defective Products to the Company, free and clear of all liens and encumbrances, transportation prepaid, accompanied by a statement of defects and proof of purchase; and
2. the Product has not been modified, abused, misused or improperly installed, maintained and/or repaired during such period; and
There is no warranty on Rust, Deep Burgundy, Medium Bronze, Flat Black Patina and Silver Patina finishes.
The Company shall, at its option, either repair or replace, free of charge, any Products or part thereof found upon the Company’s inspection, to be so defective, or at the Company’s sole discretion refund the purchase price, less a reasonable allowance for depreciation, in exchange for the Product.
The Company makes no other warranty, and all implied warranties including any warranty of merchantability or fitness for a particular purpose are limited to the duration of the expressed warranty period as set forth above.
The Company’s maximum liability hereunder is limited to the purchase price of the product. In no event shall the Company be liable for any consequential, indirect, incidental or special damages of any nature arising from the sale or use of the product, whether in contract, tort, strict liability or otherwise.