Limited Product Warranty
All MFStek Products (the “Product”) constitute a technological innovation. The supplier of the Product, MFS Technologies Ltd., (the “MFS”) has not performed all testing required to verify or validate: (i) the results and consequences of the use of the Product, (ii) the effects of the Product on all surfaces on which it may be applied; and (iii) the long-term effects of the use of the Product on any and all surfaces.
All Product is sold on the condition that the purchaser of the Product (the “Purchaser”) will examine and test samples prior to the initial purchase to determine whether the Product: (i) meets Purchaser's requirements and (ii) does not affect or impair the surfaces on which the Product is applied, and that the Purchaser shall accept all responsibility for the use of the Product. Once MFS has made samples available, Purchaser’s purchase order for the Product acts as confirmation of such examination and testing.
The Product is warranted to: (i) be free from defects in material, workmanship, and title when sold and for a period of 12 months thereafter, or such other period of time which is specified in writing by MFS, but it shall be Purchaser’s responsibility to assure that such specifications will fulfill Purchaser’s requirements, and (iv) be free and clear of all liens, privileges, encumbrances and claims of any kind.
MFS MAKES THIS LIMITED WARRANTY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. THERE ARE NO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, COURSE OF DEALING, USAGE OF TRADE OR NON-INFRINGMENT OR OTHERWISE ASIDE FROM THE LIMITED WARRANTY ABOVE. MFS’ LIABILITY FOR ITS BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY, RECALL LIABILITY, NEGLIGENCE OR OTHER CAUSE OR THEORY IS LIMITED TO THE REPLACEMENT OF DEFECTIVE PRODUCT OR THE REFUND OF THE PURCHASE PRICE OF THE PRODUCT UPON TIMELY RECEIPT OF NOTICE, REGARDLESS OF WHETHER MFS HAS OR HAS NOT BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OTHER DAMAGES. UNDER NO CIRCUMSTANCES WILL MFS BE RESPONSIBLE FOR LOSS OF USE, LOST PROFITS, INTERRUPTION OF BUSINESS, DAMAGES TO SURFACES ON WHICH THE PRODUCT IS USED, DAMAGES FOR THE USE OF PRODUCT OTHER THAN AS SPECIFIED BY MFS, OR FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES REGARDLESS OF CAUSE. THIS LIMITED WARRANTY IS VOID WITH REGARD TO ANY PRODUCT ALTERED BY PURCHASER, MISUSED BY PURCHASER OR SUBJECT TO NEGLECT BY PURCHASER. MFS SHALL NOT BE RESPONSIBLE TO PURCHASER UNDER THIS LIMITED WARRANTY FOR FIT OR OTHER COMPATIBILITY PROBLEMS WHEN THE PRODUCT IS USED WITH PRODUCTS OF ANOTHER MANUFACTURER OR ON SURFACES UNLESS SUCH PROBLEMS ARISE FROM THE PRODUCT’S FAILURE TO MEET AGREED SPECIFICATIONS. ALL ORAL AND WRITTEN ADVICE PROVIDED BY MFS RELATING TO THE PRODUCT IS SUBJECT TO THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF DAMAGES PROVISION.