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Badger Converting, LLC Terms & Conditions

 

LIMITED WARRANTY

a) Badger Converting, LLC (“Badger”) warrants that the products delivered shall be free from defects in material and workmanship for a period of sixty (60) days beginning from the date on which the products are shipped from the Badger factory (the “Warranty Period”). Badger’s only obligation shall be to replace or repair such quantity of the product determined by Badger to be defective.

b) Upon discovery of any defect in material or workmanship, purchaser shall notify Badger within five (5) days of purchaser’s discovery of such defect. Badger will provide a Return Material Authorization (“RMA”) number prior to purchaser returning the product. Badger reserves the right, prior to authorizing the return of any product, to inspect the product, or require a sample of the product that purchaser proposes to be returned to Badger for Badger’s analysis. Following issuance of the RMA number, purchaser shall return the products to Badger. In order to be eligible for the limited warranty provided, all products must be returned to Badger within: (1) ten (10) days from the date on which an RMA is issued by Badger, or (2) thirty (30) days after the expiration of the Warranty Period, whichever date first occurs.

c) Purchaser shall forward products for which purchaser seeks replacement or repair, freight prepaid to the Badger factory, along with a copy of your original packing slip, invoice or other proof of date of purchase.

d) Badger shall make a final determination as to the existence or cause of any alleged defect or any other matters with respect to the applicability of this limited warranty. Badger will repair or replace such product determined to be defective by Badger, freight prepaid by Badger to purchaser, within thirty (30) days from the date Badger receives the product. As to replacement product supplied during the original warranty period, the warranty period on the replacement product shall be terminated with the termination of the original warranty, or thirty (30) days, whichever is longer.

e) Purchaser and any users of the product acknowledge that it has identified and made the selection of the product based upon its own judgment, and expressly disclaim any reliance upon information supplied, or statements or recommendations made, by Badger. Purchaser and any users of the product acknowledge, understand and agree that it is their sole responsibility to test, evaluate, verify and otherwise determine the suitability of the product for its intended use, and the proper and correct application of the product.

WARRANTY EXCLUSIONS AND LIMITATIONS

THIS LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY PROVIDED BY BADGER. BADGER MAKES NO OTHER WARRANY, EXPRESS OR IMPLIED, AND THERE IS EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR USE OR ANY PARTICLUAR USE, OR OF QUALITY, DESIGN, CONDITION, CAPACITY, SUITABILITY OR PERFORMANCE. IN NO EVENT SHALL BADGER HAVE RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES SUFFERED BY PURCHASER OR ANY THIRD PARTY ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURIES, LOSS, LOSS OF PROFITS, OR DIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, EVEN IF BADGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FORGOING WARRANTY SHALL NOT BE VALID IF THE PRODUCT OR COMPONENT PARTS HAVE BEEN SUBJECTED TO ABUSE, ACCIDENTS, MODIFICATION, ALTERATION, OR NEGLECT.

Revision 1 – May 2, 2011