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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
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