Nationwide Plastics, Inc., extends this Warranty to immediate purchasers of Nationwide Plastics, Inc. products ("Purchasers"). This warranty is extended only to such immediate Purchasers; it may not be passed along to any subsequent purchaser or assignee.
Nationwide Plastics, Inc. warrants that its products are, on the date of shipment, free from defects in materials and workmanship and have been manufactured in accordance with Nationwide Plastics, Inc.'s material specifications. Nationwide Plastics, Inc. will replace or, at its option, issue credit for any Nationwide Plastics, Inc. products which are found by Nationwide Plastics, Inc. to be defective or not in conformity with such material specifications. This warranty does not apply to a product that has been subjected to: (a) improper storage or installation; (b) accident, damage, abuse, or misuse; (c) abnormal or unusual operating conditions or applications; (d) operating conditions or applications not made known to Nationwide Plastics, Inc. prior to the date of sale of the product; (e) operating conditions or applications above the rated capacity of the product; or (f) a purpose or application in any way different from that for which the product was designed.
Purchaser Responsibilities & Claims Processing:
Purchaser must carefully inspect each Nationwide Plastics, Inc. part and laboratory test the product to ensure that it performs satisfactorily for its intended use. Every claim under this warranty shall be deemed waived unless Purchaser has made such careful inspection and laboratory testing, and unless written notice of defect or nonconformity of the product is made and received by Nationwide Plastics, Inc. within 30 days of the date the defect or nonconformity was or should have been discovered and in any event within six months of the date the product was shipped. Within two weeks of the date written notice of the defect or nonconformity is received by Nationwide Plastics, Inc. and within six months of the date the product is shipped, Purchaser must return the defective or nonconforming product to Nationwide Plastics, Inc.'s actual possession under an Nationwide Plastics, Inc. Return Material Authorization number (RMA#).
Within a reasonable time after Nationwide Plastics, Inc. receives the returned product, Nationwide Plastics, Inc. will reasonably determine if the alleged defect or nonconformity actually exists, and will notify the Purchaser of its determination. Within a reasonable time thereafter, Nationwide Plastics, Inc. shall replace any defective nonconforming product with non-defective product of like quantity or at its option, issue credit for such defective or nonconforming product.
Disclaimer of Warranties:
The Warranty provided above is strictly limited to its terms and is in lieu of all other warranties, expressed, implied and statutory. Nationwide Plastics, Inc. specifically disclaims any implied warranties of merchantability or fitness for particular purpose.
Purchaser specifically understands and agrees that Nationwide Plastics, Inc., its successors, assigns, directors, officers, agents and employees, shall not be liable in tort-whether based on negligence, strict liability, or any other theory of tort liability-for any action or failure to act in respect to the manufacture, preparation for sale, sale, delivery or use of Nationwide Plastics, Inc.'s products. It is the parties' intent to absolve and protect Nationwide Plastics, Inc. and Nationwide Plastics, Inc.'s successors, assigns, directors, officers, agents and employees from any and all tort liability.
Purchaser expressly agrees that his sole and exclusive remedy for breach of the warranty set forth above, for any tortious conduct, or for any other cause of action, shall be the remedies set forth above. Purchaser further specifically understands and agrees that, except as provided, no remedy shall be available to purchaser, including, but not limited to, claims for incidental, consequential, special or punitive damages, for any cause whatsoever, or injury to or death of persons or damage to property or any other consequential economic or incidental loss. Under no circumstances will Nationwide Plastics, Inc. be liable for loss of anticipated profits or any other loss caused by reason of the non-operation of the increased expense or operation caused by Nationwide Plastics, Inc.'s products. This exclusion shall apply to all claims, whether sounding in tort, contract or otherwise and shall apply to all damages.