POLY-FLEX, INC
LIMITED REPLACEMENT WARRANTY FOR DRAINAGE NET
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 geo-netting 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 geo netting
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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