PEM Surface Creations, Inc. (referred to in this Limited Warranty as “Seller”) warrants to Buyer that, for one (1) year from the date of purchase of the PEM® Product (referred to in this Limited Warranty as the “Product”), the Product will be free from defects in materials and workmanship, provided that the Product is properly installed and maintained in accordance with the installation and maintenance instructions delivered with the Product.
This warranty shall not apply if the Product is damaged by natural disasters, including but not limited to, lightning, earthquakes, floods, landslides, tornadoes, hail or hurricane, or through negligence or abuse, including but not limited to, vandalism, civil disobedience or act of terrorism.
This warranty also shall not apply to normal wear and tear of the Product, particularly in light of the fact that the Product may be subject to different traffic patterns and frequency and severity of use depending upon where the Product is installed.
IF THE PRODUCT IS FOUND NOT TO BE FREE FROM DEFECTS IN MATERIALS OR WORKMANSHIP WITHIN THE ONE-YEAR-WARRANTY PERIOD, BUYER’S SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO REPLACEMENT BY SELLER OF THAT PORTION OF THE PRODUCT THAT IS FOUND TO BE DEFECTIVE, AS DETERMINED BY SELLER.
This warranty does not cover installation, because Seller cannot control the environment of Buyer’s intended installation of the Product, and Seller cannot guarantee the effectiveness of the adhesive used and performance of installation by Buyer’s installer. Seller has also furnished a list of adhesives used in covering installations. Nevertheless, Buyer is solely responsible for selecting an adhesive and an installer for installation of the Product. Seller makes no warranty in any way related to proper installation of the Product. Buyer must look solely to the adhesive manufacturer and the installer for any warranty relating to installation.
NO REPRESENTATIVE OF SELLER HAS AUTHORITY TO MAKE ANY REPRESENTATIONS, WARRANTIES OR PROMISES EXCEPT AS STATED HEREIN.
EXCEPT FOR SELLER’S EXPRESS LIMITED WARRANTY STATED ABOVE, SELLER MAKES NO OTHER WARRANTIES, EXPRESS, OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE PRODUCT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, EVEN IF SELLER OR ANY OF ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITED WARRANTY, LIMITED REMEDIES AND EXCLUSIONS STATED ABOVE ARE FUNDAMENTAL REQUIREMENTS INDUCING SELLER TO SELL THE PRODUCT TO BUYER. Buyer acknowledges receipt of the foregoing and agrees to the limited warranty, limited remedies and exclusions stated above.