Please carefully read this Limited Warranty (“Limited Warranty”) before ordering, purchasing, or using any products, equipment, parts, materials, or other tangible goods (“Products”) from Surface-Tech, LLC (“SurfaceTech”). By ordering, purchasing, or using any SurfaceTech Products you are accepting and agreeing to be bound by all the terms and conditions of this Limited Warranty. If you do not accept the terms of this Limited Warranty, do not purchase or use the Products. This Limited Warranty gives you specific legal rights, however you may have additional rights under applicable law, which vary by country, province, and/or state. Except as permitted by law, surface tech does not intend to limit any rights you may have. To understand your rights, please consult the laws of your country, province, and/or state. To the extent permitted by law, this Limited Warranty and the remedies set forth in this Limited Warranty are exclusive and in lieu of all other warranties, remedies, and conditions, oral or written, express, implied, or statutory.
What is covered by this Limited Warranty? SurfaceTech warrants – to the original purchaser of the Products, from SurfaceTech or an authorized dealer, for use according to the terms and conditions of this Limited Warranty – that the Products will be free from defects in materials or workmanship for a period of ninety (90) days from the date of purchase by the original purchaser (“Warranty Period”).
What is not covered by this Limited Warranty? This Limited Warranty does not provide any remedies with respect to: (1) damage caused by use of the Products with any third-party product, good, or service; (2) defects or damage caused by or in transportation, storage, misuse, accident, neglect, abuse, alteration, modification, or combination; and (3) any other issue not expressly covered. This Limited Warranty extends only to original end-user purchaser and is not assignable or transferable to any subsequent purchaser or user.
What is SurfaceTech obligation in the event of a breach of this Limited Warranty? If during the Warranty Period you submit a valid claim to SurfaceTech, your sole and exclusive remedy, and SurfaceTech’s sole and exclusive responsibility, will be, at SurfaceTech’s option, to provide Product to replace the defective Product, or to refund you the amount paid to SurfaceTech, if any, that is subject to the warranty. To obtain warranty service, subject to this Limited Warranty, please send written correspondence, together with proof of purchase, to SurfaceTech at the address specified at the bottom of this Limited Warranty. The Warranty Period is not extended if SurfaceTech replaces any Product.
Disclaimer of Warranties. This Limited Warranty and any warranty or remedy that cannot be excluded or limited under applicable law, are the only warranties made by SurfaceTech regarding the Products, and state your sole and exclusive remedies for a breach of warranty or condition. Except for this Limited Warranty the Products provided “as is”, with all faults, and without warranty of any kind, and SurfaceTech disclaims all representations, warranties, conditions, and terms, with respect to the Products, whether express, implied, statutory, or by common law, custom, usage, or otherwise, including without limitation performance, the warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement. SurfaceTech does not warrant that the Products will meet your requirements or achieve any specific result, or that the Products will be compatible with third party products, goods, or services. No conduct or statement provided by SurfaceTech or its agents or employees will in any way increase the scope or duration of this Limited Warranty. If SurfaceTech cannot lawfully disclaim such warranties, then to the extent permitted by law, SurfaceTech limits the duration of such warranties to the minimum time permitted under such law, and limits your remedies to, at SurfaceTech’s option, the replacement, or refund described above. Some states, countries, and/or provinces do not allow limitations on the duration of an implied warranty or condition, and accordingly the above limitation may not apply to you.
Limitation of Liabilities and Remedies. To the maximum extent permitted by law, SurfaceTech is not, in any event, liable or responsible to you or any other person for any indirect, special, incidental, collateral, exemplary, punitive, or consequential damages or losses of any nature whatsoever, resulting from or arising out of any breach of this Limited Warranty or other warranty or condition, use of the Products, or under any legal theory including without limitation for: (i) cost of any replacement products, goods, or services; (ii) lost actual or anticipated revenue, profits, or savings, or loss of business or loss of opportunity; (iii) loss of goodwill or reputation; (iv) damages resulting from business interruption, personal injury or failure to meet any duty of care; (v) third-party claims; or (vi) any indirect or consequential loss or damage howsoever caused including the replacement of equipment and property; even if SurfaceTech has been advised of the possibility of such damages. In no event will SurfaceTech’s total cumulative liability to you for all damages or loss exceed the actual price paid to SurfaceTech by you subject to your claim, even in the event of a fundamental or material breach or a breach of the fundamental or material terms of this Limited Warranty. Multiple claims will not expand this limitation. Some states, countries, and/or provinces do not allow the exclusion or limitation of incidental or consequential damages so the above limitations or exclusions may not apply to you.
Effective May 25, 2021