*Subject to the limitations of liability set forth below, Hager
Companies (the “Company”) warrants to purchasers that the products
identified above which the Company sells under the “Hager” trademark or
trade name are free from defects in workmanship and materials under
normal use and regular service and maintenance for a period of two years from date of delivery.*
THIS IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY THE COMPANY WITH
RESPECT TO THE PRODUCTS AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE. ALL
IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE,
ARE HEREBY EXCLUDED.
This warranty does not cover defects or damage arising from improper installation, incorrect application, lack of or improper
maintenance, improper storage, shipping and handling, excessive wear and tear, misuse, abuse, accident, unauthorized
service, or use with unauthorized products or parts.
The sole and exclusive liability of the Company under this warranty or otherwise, shall be limited to the repair or replacement of any product or component part which shall prove defective to the original purchaser from the Company. The Company, as covered in these limited warranties, will not cover the costs for the removal and reinstallation of products, shipping and freight expenses required to return the product, or any other related incidental, or indirect punitive damages. THE COMPANY SHALL NOT BE
LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE AND IN NO EVENT,
REGARDLESS OF THE FORM OF THE
CLAIM OR CAUSE OF ACTION (WHETHER BASED ON CONTRACT, INFRINGEMENT,
NEGLIGENCE, STRICT LIABILITY, OTHER
TORT OR OTHERWISE), SHALL THE COMPANY’S LIABILITY TO PURCHASER AND/OR
ITS CUSTOMERS EXCEED THE PRICE
PAID BY PURCHASER FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM OR
CAUSE OF ACTION. PURCHASER
AGREES THAT IN NO EVENT SHALL THE COMPANY’S LIABILITY TO PURCHASER
AND/OR ITS CUSTOMERS EXTEND TO
INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM USE
OF THESE PRODUCTS, OR
ARISING OUT OF ANY BREACH OF THIS WARRANTY. The term “consequential
damages” shall include, but not limited to, loss of anticipated profits,
business interruption, loss of use or revenue, cost of capital or loss
or damage to property or equipment. The foregoing limitations and
exclusions are intended to be effective to the maximum extent permitted
by law.
This warranty is governed by the law of the State of Missouri without
regard to its conflicts of law principles. The company
and purchaser agree that the United Nations Convention on Contracts for
the International Sale of Goods and the United
Nations Convention on the Limitation Period in the International Sale of
Goods shall not apply to sales of the products covered by this
warranty.
Written notice of a product believed to be defective as covered by this
warranty should be sent to Hager Companies, 139
Victor Street, St. Louis, Missouri 63104 within 30 days from the
discovery of the alleged defects, and should include the
purchaser’s name and address, identification of the product, and brief
description of the defect. Upon receipt of such notice, the Company will
inform the purchaser where to ship such product, shipping charges
prepaid, for examination. In the event
such examination reveals a defect covered by this warranty, the Company
will, at its own option, repair or replace the
product, and return it or the replacement to the purchaser, with charge
only for transportation.