WIREMOLD® LIMITED WARRANTY & LIABILITY STATEMENT
LIMITED WARRANTY
- Wiremold warrants, to the original purchaser or owner only, that the Products are substantially free of defects in material and workmanship under normal use and service, for a period of one year from the date of original installation or two years from the date of purchase, whichever is sooner. This limited warranty applies only to Products that have been installed properly in accordance with installation instructions supplied by Wiremold and any applicable codes and standards.
This limited warranty is void and Wiremold shall not be liable for any damages or held responsible for the quality, performance or safety of Products that have been repaired, altered or tampered with outside of Wiremold facilities or that have been intermixed (used within a system) with products or materials not approved by Wiremold, or that have been subjected to accident, negligence, misuse or abuse; or which were purchased or otherwise obtained from an unauthorized reseller. - Wiremold’s sole obligation (and the sole and exclusive remedy of the purchaser or owner of the Product) with respect to any Products that are shown to be defective shall be the repair or replacement of the defective Products, at the sole option of Wiremold. Returned Products will not be accepted unless Wiremold is notified and authorizes the return prior to shipment.
- THE WARRANTIES LISTED ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY; INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY WAIVED BY DISTRIBUTOR AND DISCLAIMED BY WIREMOLD.
LIMITATION OF LIABILITY
WIREMOLD WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS OR LABOR COSTS, ARISING FROM THE SALE, USE OR INSTALLATION OF THE PRODUCTS, FROM THE PRODUCTS BEING INCORPORATED INTO OR BECOMING A COMPONENT OF ANOTHER PRODUCT, FROM ANY BREACH OF THIS AGREEMENT OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR OTHER THEORY OF LIABILITY, AND REGARDLESS OF ANY ADVICE OR REPRESENTATIONS THAT MAY HAVE BEEN RENDERED BY WIREMOLD CONCERNING THE SALE USE OR INSTALLATION OF THE PRODUCTS. WIREMOLD’S TOTAL AGGREGATE LIABILITY TO DISTRIBUTOR SHALL NOT EXCEED THE PRICE ALLOCABLE TO THE PRODUCT GIVING RISE TO THE CAUSE OF ACTION.
GENERAL PROVISIONS
- No waiver by either party with respect to any breach or default or of any right or remedy and no course of dealing, shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver be expressed in writing and signed by the party to be bound. All typographical or clerical errors made by Seller in any quotation, acknowledgment or publication are subject to correction.
- The validity, performance, and all other matters relating to the interpretation and effect of this Agreement shall be governed by the laws of the state of Connecticut, without giving effect to its conflict of laws rules. The application of 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 to this Agreement are expressly excluded. Distributor and Wiremold agree that the proper venue for all actions arising in connection herewith shall be only in the State of Connecticut and the parties agree to submit to such jurisdiction.
- Distributor shall not assign its rights or delegate its duties hereunder or any interest therein or any rights hereunder without the prior written consent of Wiremold, and any assignment without such consent shall be void.
- This document contains confidential and/or privileged information. Information herein is copyrighted by Legrand. No right, title, license or any other interest is granted to the recipient in or to such information or the disclosures made herein, including without limitation those relating to Legrand patents, trademarks or other intellectual property. If you are not the intended recipient or have received this document in error, please notify the sender immediately and destroy this document. Any unauthorized, direct or indirect, reverse engineering, reverse compiling, copying, disclosure, distribution or other use of the material or parts thereof is strictly prohibited and may be subject to legal penalty. All rights reserved.