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Carbon by Design, LP., 4141 Avenida De La Plata, Oceanside CA, 92056, does hereby warrant subject to the limitations hereinafter stated, its products to be free from defects in material and workmanship under normal use and service for a period of twelve (12) months from the date of invoice. This limited warranty extends only to the original purchaser for use, and will be void if the product is used under conditions other than those for which it was designed or if it is not used in compliance with all instructions contained in any operating manual or specification sheets provided for such project.
The sole obligation of Carbon by Design, Inc., under this limited warranty, and the exclusive remedy of the purchaser under this limited warranty is the repair or replacement, without charge, F.O.B. shipping point, of such products or parts of products only, specifically excluding any labor or installation thereof, which Carbon by Design, Inc. after inspection, determines to be defective. Purchaser must notify Carbon by Design, Inc. in writing at its address shown above within ten (10) days from the date of discovery of any claimed defect specifically stating the details of such defect, and, if requested shown on Carbon by Design Inc.'s order acknowledgement.
Carbon by Design, Inc. shall not be liable for any other damages, whether direct or consequential. Specifically, but without limitation, Carbon by Design, Inc. shall not be liable for any crop damage or damage to buildings or property or any other incidental or consequential damages resulting from any breach of warranty, expressed or implied, or from any defects in its products.
No statements, remark, agreement, representation, promise or understanding, oral or written, made by Carbon by Design Inc., or any agent, representative or employee thereof, which is not contained herein, will be recognized by, or be enforceable or binding upon Carbon by Design Inc.
There are no understandings or undertakings of any kind with respect to the products or any part thereof which are not expressly set forth and contained herein, and all sales are made without any representation or warranty by Carbon by Design Inc. that goods are suitable for particular purpose. In the event any provision of this LIMITED WARRANTY AND LIMITATION OF LIABILITY is held to be illegal or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in force and effect.
STATUE OF LIMITATION: Any action for breach of this LIMITED WARRANTY AND LIMITATION OF LIABILITY must be commenced within one (1) year after the cause of action has accrued.
THERE ARE NO EXPRESSED OR IMPLIED WARRANTIES BY CARBON BY DESIGN, INC., OTHER THAN THOSE SPECIFICALLY SET OUT ABOVE. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH ANY SALE EXCEPT AS SET FORTH ABOVE.
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