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Warranty

This PRODUCT LIMITED WARRANTY (“Warranty”) by Jonti-Craft, Inc. (“Jonti-Craft”) applies to certain products and accessories thereof sold by Jonti-Craft, subject to the terms provided below.

1.) WHAT IS COVERED 

(a) Covered Products. Except as specifically limited or excluded herein, this Warranty applies to the following products (“Covered Products”) from the date of delivery to Purchaser or its agent of the Covered Product for the duration of the Warranty Period set forth below:

(b) Limited Warranty Coverage. Except as specifically excluded in Section 2(a), Jonti-Craft warrants to the original purchaser of the particular Covered Product (“Purchaser”) that upon delivery to the Purchaser the Covered Products and Accessories (as defined in Section 2(a)(2)) will be free from defects in materials and workmanship and that Covered Products, specifically excluding Accessories, under normal and proper installation, usage, and maintenance will be free from defects in materials and workmanship for the duration of the Warranty Period. The term “Lifetime,” and the corresponding Warranty Period, means from the date of delivery of the Covered Product to the Purchaser or its agent for as long as the original Purchaser owns the Covered Product. This Warranty does not extend to subsequent owners or transferees of any Covered Product.

2.) WHAT IS NOT COVERED

(a) Exclusions. This Warranty does not include:

(1) Any Covered Products, (a) to which Purchaser or any third party makes any unauthorized alteration of or modification to any part of the Covered Product, (b) that were improperly installed, used or maintained, tampered with, misused or abused, by Purchaser or a third party contrary to the normal installation, usage, or maintenance requirements specified by Jonti-Craft, or (c) that were damaged by any force out of the control of Jonti-Craft, including, but not limited to, Acts of God, weather, flood or fire;

(2) Accessories to, and components of, the Covered Products, including, without limitation, carpeted or upholstered parts of Covered Products, plastic bins and tubs, safety belts, hinges, casters, metal and plastic hooks, drains and valves, latches and locks, lights, electrical components, table legs, leg glides and metal covers, plastic shelf brackets, writeable surfaces, and other similar items; and

(3) All other products not listed in Section 1(a).

(b) Disclaimers. EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 1, JONTI-CRAFT DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

3.) REMEDIES

(a) Remedies. Jonti-Craft may, at its sole and absolute discretion, elect to repair or replace a defective Covered Product covered hereunder, or refund the purchase price of the Covered Product to the Purchaser.

(b) Limitations of Liability. JONTI-CRAFT SHALL NOT BE LIABLE TO PURCHASER OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH PURCHASER’S USE OF THE PRODUCT OR COVERED PRODUCT, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION. THE LIABILITY OF JONTI-CRAFT, IF ANY, AND PURCHASER’S SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER, REGARDLESS OF THE NATURE OR CAUSE OF SUCH CLAIM OR DAMAGES OR WHETHER ARISING IN TORT OR CONTRACT, SHALL NOT EXCEED THE PURCHASE PRICE OF THE DEFECTIVE COVERED PRODUCT PAID BY PURCHASER.