CONCORD INDUSTRIES, INC. (“CI”) warrants to the first purchaser (“Buyer”) of a CI product (the “Product”) that the Product will, upon shipment by CI, be free from defects in material and workmanship (the “Warranty”). WITH RESPECT TO APPLIED FINISHES, HALYARDS AND FLAGS, CI MAKES NO, AND EXPRESSLY DISCLAIMS ALL, WARRANTIES.
If any failure to conform to the Warranty appears, and written notice of such failure is given to CI, within twelve (12) months from the date of shipment by CI (the ”Warranty Period”), CI will, upon substantiation of such nonconformity and at its sole option, either repair or replace the non-conforming Product. Specifically excluded from the Warranty is the cost to remove, ship replace, or reinstall the non-conforming or repaired/replaced Product. Repair or replacement by CI is the Buyer’s sole remedy, and CI’s sole obligation, in the event of a failure to conform to the Warranty. The Warranty does not cover defects or failures resulting from improper installation, overloading, accident, misuse, or neglect nor does it cover the Product if it has been (i) altered or modified (unless the change has been approved in writing, by CI) or (ii) used for any purpose for which the Product was not specifically designed, regardless of whether such use is known to CI.
All warranty claims must be directed to CONCORD INDUSTRIES, INC. Customer Service Department,
P.O. Box 2449, Addison, Texas 75001. The Product shall not be returned without prior written authorization of CI and must be shipped freight prepaid by the Buyer. If CI elects to replace the nonconforming Product, such replaced Product shall become the property of CI.
CI MAKES NO OTHER EXPRESS WARRANTY AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER IMPLIED WARRANTIES OTHER THAN THOSE THAT MAY NOT BE DISCLAIMED AS A MATTER OF LAW. THE DURATION OF ANY IMPLIED WARRANTY THAT MAY NOT BE DISCLAIMED BY APPLICABLE STATE OR FEDERAL LAW IS LIMITED TOTHE WARRANTY PERIOD.
REGARDLESS OF WHETHER A CLAIM AGAINST CI IS BASED ON THE WARRANTY OR IS AN ACTION IN CONTRACT, TORT (NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, CI’S LIABILITY FOR LOSSES, DAMAGES, OR EXPENSES OF ANY KIND ARISING FROM THE DESIGN, MANUFACTURE, INSTALLATION, USE, REPAIR, OR SALE OF THE PRODUCT IS LIMITED, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, TO AN AMOUNT NOT EXCEEDING THE COST OF THE PRODUCT GIVING RISE TO SUCH LIABILITY. CI SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL CONSEQUENTIAL OR
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.