Subject to the limitations of liability set forth below, tendency-hardware (the "Company") warrants to the original purchaser that the products which the Company sells are free from defects in workmanship and materials under normal use and regular service and maintenance for a period of one year from date of delivery. The Company warrants US10B (oil rubbed bronze) finish over only brass or bronze base material. If steel base material is necessary, the Company recommends US10A lacquer finish.
THIS IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY THE COMPANY WITH RESPECT TO THE PRODUCTS AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.
This warranty does not cover defects or damage arising from improper installation, incorrect application, scratches or abrasions, lack of or improper maintenance, improper storage, shipping and handling, excessive wear and tear, misuse, abuse, accident, unauthorized service, unauthorized modification, or use with unauthorized products or parts. The sole and exclusive liability of the Company under this warranty or otherwise, shall be limited to either repair or replacement of any product or component part which shall prove defective to the original purchaser from the Company. The Company will not pay for the costs or repair performed other than in accordance with this warranty.
THE COMPANY SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE AND IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED ON CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL THE COMPANY'S LIABILITY TO PURCHASER AND/OR ITS CUSTOMERS EXCEED THE PRICE PAID BY PURCHASER FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. PURCHASER AGREES THAT IN NO EVENT SHALL THE COMPANY'S LIABILITY TO PURCHASER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM USE OF THESE PRODUCTS, OR ARISING OUT OF ANY BREACH OF THIS WARRANTY.
The term "consequential damages" shall include, but not limited to, loss of anticipated profits, business interruption, loss of use or revenue, cost of capital or loss or damage to property or equipment. The foregoing limitations and exclusions are intended to be effective to the maximum extent permitted by law. This warranty is governed by the laws of the State of California without regard to its conflicts of law principles. The company and purchaser agree that the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods shall not apply to sales of the products covered by this warranty. Written notice of a product believed to be defective as covered by this warranty should be sent to TDC Hardware & Co. at 2521 Grant Avenue, San Leandro, CA 94579,
U.S.A. within 30 days from the discovery of the alleged defects, and should include the purchaser's name and address, identification of the product, and brief description of the defect. Upon receipt of such notice, the Company will inform the purchaser where to ship such product, shipping charges prepaid, for examination. In the event such examination reveals a defect covered by this warranty, the Company will, at its own option, repair or replace the product, and return it or the replacement to the purchaser, with charge only for transportation.