POLY-FLEX, INC.
LIMITED REPLACEMENT WARRANTY FOR GEOCOMPOSITE
THIS
WARRANTY SUBJECT TO ARBITRATION
This Warranty gives you specific legal rights, and you may also
have other rights that vary from state to state.
Section 1 – Limited Replacement Warranty Coverage
Poly-Flex, Inc. warrants, for a period of thirty (30) days from
the date of purchase, that geocomposite sold by Poly-Flex, Inc.
shall be free from defects in material. During this thirty-day
period, Poly-Flex, Inc. will replace defective material at no
additional charge to the Purchaser.
Section 2 – Limits of Limited Replacement Warranty
I. The sole responsibility of Poly-Flex,
Inc., and/or its related entities, officers, affiliates,
shareholders, agents, assigns, and/or successors for defective
geocomposite is to replace the defective material. Poly-Flex,
Inc.’s liability under this Limited Warranty shall
in no event exceed the replacement cost of the material
sold to the Purchaser. Poly-Flex, Inc., its related entities,
officers, affiliates, shareholders, agents, and/or assigns
is not responsible for any other losses than those described
herein, including without limitation any incidental or consequential
damages. Some states do not allow the exclusion or limitation
of incidental or consequential damages, so the above limitation
may not apply to you.
II. This Limited Warranty does not include damages or defects
resulting from acts of God, casualty or catastrophe including
but not limited to: earthquakes, floods, piercing hail,
tornadoes or force majeure.
III. Poly-Flex, Inc. specifically and expressly disclaims
all warranties, express or implied, except to the extent
described herein or required by law. Poly-Flex, Inc. makes
no representation as to the proper use of any materials
sold, and both parties to the sale agree that suitability
for a particular use or of any particular method employed
in using and/or applying this material are not the responsibility
of Poly-Flex, Inc. Further, no statements regarding the
use and/or application of the material described herein
are to be incorporated into this WARRANTY or any other agreement
between Poly-Flex, Inc. and the purchaser unless made in
writing, signed by both parties, and executed after the
date this WARRANTY is received by the purchaser.
Section 3 – Binding Arbitration
By use and/or application of the material described
herein, it is agreed that any controversy or claim arising out
of or relating to said use and/or application shall be decided
by binding arbitration in accordance with the United States
Arbitration Act (Title 9, U.S. Code) in Dallas, Texas. The arbitration
shall be conducted by a mutually agreeable arbitrator. If the
parties are unable to agree upon an arbitrator, then each party
shall pick an individual qualified to serve as an arbitrator
and those two individuals shall then appoint a third arbitrator.
Discovery shall be limited to one deposition and one set of
twenty-five interrogatories per party. The arbitrator’s
award shall be final and may be confirmed by the judgment of
a state or federal court in the jurisdiction where the arbitration
occurred. The arbitrator(s) shall have no power or authority
to award exemplary or punitive damages, or to alter, amend,
or supplement any term, condition, or provision of this agreement.
The parties consent to jurisdiction and venue in competent state
and federal courts in Texas. Each party shall bear its own attorney’s
fees, regardless of the outcome of the arbitration. All costs
of arbitration, including but not limited to filing fees, arbitrator(s)
fees, and stenographer fees, shall be shared equally by the
parties.
Section 4 – Replacement Warranty Disclaimer
The Limited Replacement Warranty herein is given in lieu of
all other possible warranties, whether expressed or implied,
and by accepting delivery and using the material Purchaser accepts
this warranty and only this warranty. Some states do not allow
limitations on how long an implied warranty lasts, so the above
limitation may not apply to you.
Section 5- Severability
If any provision of this Warranty shall be found to be illegal,
invalid, or unenforceable under present or future laws, such
provision shall be fully severable and the remaining provisions
shall remain in full force and effect. Any provision of this
Warranty held illegal, invalid, or unenforceable shall remain
in full force and effect to the extent not so held. In lieu
of the provision held illegal, invalid, or unenforceable, there
shall be automatically added as part of this Warranty a provision
as similar in its terms to such invalid provision as may be
possible and may be legal, valid, and enforceable.
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