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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
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.
employee or other representative of NEXON has the authority to create any other
affirmation, warranty or representation, either oral or written, regarding NEXON’s
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.