As a leading Supplier of quality outdoor products, Gardner Fence (Seller), warrants that Gardner products purchased pursuant to this agreement are free from defects in workmanship and material and will not peel, rust, chip, blister, warp or corrode as long as the purchaser owns the product. Seller shall have no warranty obligation for products purchased under this agreement if the product is subjected to or damaged by improper application, installation; misuse; accident; alteration; negligence, fire or other casualty; or acts of God. There are no other warranties expressed or implied except as stated herein. This warranty is issued only to the original purchaser from Seller and is not transferable to third parties without prior written consent of Seller.

 

Seller’s warranty obligation is limited to the replacement, of any defective product. Product which has been promptly reported, during the warranty period, by purchaser as defective; peeled, chipped, blistered, warped or corroded and is so found by Seller upon inspection, will be repaired or replaced by Seller at Seller’s discretion. Purchaser shall be responsible for all maintenance, service and cleaning of the product, replacing expendable parts, making minor adjustments and performing operating checks all in accordance with procedures outlined in Seller’s maintenance instructions. The warranty printed above is the only warranty applicable to this purchase. All other warranties, expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, are disclaimed.

 

It is understood and agreed that Seller’s liability, whether in contract, in tort, under any warranty, in negligence or otherwise, shall not exceed the return of the amount of the purchase price paid by the purchaser and, under no circumstance shall Seller be liable for special, indirect or consequential damages. The price stated for the product is considered in limiting Seller’s liability. No action arising out of the transaction under this agreement, regardless of form, may be brought by purchaser more than one year after the cause of action has occurred.