Seller’s Limited Warranty and Disclaimer of Liability. 

The purchaser acknowledges, represents and agrees that it has been fully informed that purchaser is responsible for the means and methods of installation of the trusses to be purchased by purchaser from seller pursuant to the terms of this agreement.  Purchaser further acknowledges, agrees, and represents that seller recommends purchaser consult with a professional engineer to recommend installation requirements based on the installation location.  Purchaser further acknowledges, agrees, and represents that seller has informed purchaser that the following factors will be significant in impacting installation of seller’s trusses at specific locations:

• Details of proposed installation and location;
• Time scale of the project;
• Load requirements;
• Local wind speeds, design and safety factors;
• Installation service: grass, gravel, concrete, asphalt or other;
• Location of buried and overhead services;
• Other obstructions above or below ground;
• Accessibility to the site with lift equipment if required;
• Anchoring methods: stakes, soil anchors, weighted blocks, mechanical fasteners, and guy cable sizing.

Seller warrants that goods will be free from material defects.  Seller further warrants that the goods will conform to any descriptions on the face of this agreement.  No descriptions other than those in this document shall be deemed a warranty by description or otherwise have any legal effect.  If examples were exhibited to buyer, same were for general informational purposes only and shall not be deemed a warranty by sample or model or otherwise have any legal effect.  The warranties in this agreement are in lieu of all other warranties, expressed or implied, including without limitation, any warranties of merchantability or fitness for a particular purpose.

Seller will, at its option, repair or replace any goods, which fail to meet the warranties in this agreement, provided seller is promptly notified of any defect and such goods are returned with freight prepaid and insured by purchaser to seller’s plant within three months after delivery.  Repaired or replaced goods will be returned to purchaser, freight prepaid and insured by seller.  Goods not qualifying for warranty work will be returned at purchaser’s risk and expense. Seller may charge at its standard rates for any handling of such goods.  This paragraph states purchaser’s sole and exclusive remedy for breach of warranty.

Seller shall not be liable to purchaser for any delay or failure in performance caused by acts beyond seller’s reasonable control, including without limitation, acts of God, war, vandalism, sabotage, terrorism, accidents, fires, floods, strikes, labor disputes, mechanical breakdown, shortages or delays in obtaining suitable parts or equipment, material, labor, or transportation, acts of subcontractors, interruption of utility services, acts of any unit of government or governmental agency, or any similar or dissimilar cause.

The maximum liability, if any, of seller for all direct damages, including without limitation, contract damages and damages for injuries to persons or property, whether rising from seller’s breach of this agreement, breach of warranty, indemnity, negligence, strict liability, or other tort, or otherwise with respect to the goods, or any services in connection with the goods, is limited to an amount not to exceed the price of the particular goods.  In no event shall seller be liable to purchaser for any direct, incidental, consequential, or special damages, including and without limitation, lost revenues and profits, even if it has been advised of the possibility of such damages.  The right to recover damages within the limitations specified is purchaser’s exclusive alternative remedy in the even that any other contractual remedy fails of its essential purpose.

This agreement contains the full understanding of the parties and supersedes all other agreements, written or oral, regarding its subject matter.  No additional terms, conditions, consent, waiver, alteration, or modification shall be binding unless in writing and signed by both parties.

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