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Warranty
NEXON warrants only to its immediate Buyer, and to no other
person, that its products will, on the date of shipment, meet the terms of NEXON’s
Bid Confirmation, Order Acknowledgement, or Sales Order pursuant to which such
products were sold.
Manufactured Products: NEXON warrants that manufactured products will be free
from defect for a period of one year from date of purchase. Defect is defined
as a shortfall in the product to perform to specifications as disclosed in
product or trade literature, within industry allowable tolerances as set forth
in standard, national industry protocols.
This one-year express warranty is the sole warranty extended and replaces any
statutory warranties to the maximum extent allowable by law. Customer misuse
including negligence, physical, or chemical abuse is not covered by this
warranty. Installation defects or installations that violate building codes are
not covered by this warranty. All warranty claims must be reported immediately.
Failure to report any warranty claim within 30 days of defect discovery will
void this warranty. All products must be inspected prior to installation.
Visual defects or nonconformities apparent prior to installation voids this
warranty. Manufactured tile is subject to variation due to an inherent
variability in raw materials and production processes. Ceramic tile with a
rating of V3 or V4 may contain higher levels of variation. All products should
be inspected prior to
installation.
Natural Stone Products: Natural stone products, including, but not limited to,
travertine, limestone, granite, marble, onyx, and slate, are products of nature
mined and cut from natural formations which may inherently contain high levels
of variation. Because these products are mined and cut from natural formations
instead of manufactured, quality warranties are limited to the specified
representations in NEXON product literature, trade product literature, and
guidelines established by the Marble Institute of America. NEXON does not warrant
natural stone products for shade, size, thickness, warping, cleft variations,
surface finish variations, or other natural defects on stone products.
NEXON DISCLAIMS ANY AND ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
No agent,
employee or other representative of NEXON has the authority to create any other
affirmation, warranty or representation, either oral or written, regarding NEXON’s
products.
THE LIABILITY OF NEXON UNDER ANY THEORY OF
LIABILITY (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) SHALL BE
LIMITED AS FOLLOWS: THE SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY,
EXPRESS OR IMPLIED, SHALL BE THE REPLACEMENT OF DEFECTIVE GOODS F.O.B. NEXON’S
FACILITY OR, AT NEXON’S OPTION, REFUND OF THE PURCHASE PRICE OF SUCH DEFECTIVE
GOODS.
IN NO EVENT SHALL NEXON BE LIABLE FOR ANY
SPECIAL, CONSEQUENTIAL, INDIRECT, OR OTHER DAMAGES BY REASON OF ANY BREACH OF
WARRANTY, OR ANY DELAY OR FAILURE IN DELIVERY, WHETHER OR NOT NEXON HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Buyer acknowledges and agrees that the foregoing disclaimer of warranties and
limitations on NEXON’s liability are an essential basis for Buyer’s agreement
with NEXON, that NEXON would not have entered into this agreement but for such
provisions, and that the exclusion of special, incidental, consequential,
indirect or other damages shall apply and be enforced whether or not NEXON is
able to replace any defective goods or complete any delivery.
Any suit or other legal action that Buyer may bring against NEXON arising out
of the sale of goods or other transactions contemplated hereby (whether in
contract, tort, strict liability or otherwise) must be filed within 12 months
from the earlier of (i) delivery of goods hereunder, or (ii) the date of NEXON’s
alleged breach. Buyer’s failure to file within such period shall be deemed to
act as a waiver and time bar for any and all claims against NEXON Building
Materials Limited.