MANUFACTURER'S REPRESENTATIONS AND WARRANTIES
These Representations and Warranties are applicable to all customers (the "Customers" and each, individually, a "Customer") purchasing products (the
"Products") manufactured by Dennerle USA, Inc. (the "Company").
1.
Warranty and Limitations:
1.1. Company warrants solely to the original purchaser of the Products that for the Warranty Period (as defined below), the Products will be free from
defects in materials and workmanship under normal use, and will conform to Company's published specifications of the Products. Notwithstanding
the foregoing, Company retains its right to deviate from its published specifications due to the latest innovations and improvements in function and
design of the Products.
1.2. The foregoing warranty is subject to the proper installation, maintenance, storage, transportation and use of the Products, and does not include
defects due to normal wear and tear or deterioration.
1.3. Customer shall immediately, but in any event no later than twenty-four (24) hours following delivery of the Product, inspect the Products for confor-
mity and visible defects. Customer shall give Company immediate written notice of any non-conformities or visible defects regarding the Products.
In the event that Customer fails to provide the Company within twenty-four hours (24) hours following delivery or installation of the Products with
notice of any non-conformities or visible defects, any warranty claims in this regard shall be deemed waived.
1.4. Customer shall immediately notify Company in writing of any other defects of the Products and return such defective Product. Company's sole
obligation under the foregoing warranty is, at Company's option, to replace or exchange the defective Product or issue a merchandise credit for the
defective Product. Any replaced or exchanged Products shall be subject to the warranty set forth in 1.1., following their replacement or exchange. If
Company has received notification from Customer, and no defects of the Product could be discovered, Customer shall bear the costs that Company
incurred as a result of the notice. It shall be in Company's sole discretion to determine if the Product has a defect.
1.5. With respect to orders made to custom, any defects of the Products caused by Customer's specifications are excluded from the warranty set forth in
1.1.
1.6. Company also makes no warranty that the Products manufactured under an order made to custom do not infringe the intellectual property or other
proprietary rights of any third party and Customer is solely responsible for assuring that such Products do not so infringe.
1.7. The "Warranty Period" begins on the date of delivery of the Product to Customer, and continues to be in effect for six (6) months.
1.8. Company does not authorize any person or party to assume or create for it any other obligation or liability in connection with the Products except as
set forth herein.
All correspondence requests and notices shall be directed to:
Dennerle product distribution and warranty shall be directed to:
1.9. THE WARRANTY SET FORTH IN SECTION 1.1 IS MADE IN LIEU OF ALL OTHER WARRANTIES (WHETHER EXPRESS OR IMPLIED), RIGHTS OR CONDI-
TIONS, AND CUSTOMER ACKNOWLEDGES THAT EXCEPT FOR SUCH LIMITED WARRANTY, THE PRODUCTS ARE PROVIDED "AS IS." COMPANY SPE-
CIFICALLY DISCLAIMS, WITHOUT LIMITATION, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE WARRANTIES
ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.
2.
Limitation of Liability:
2.1. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL OR USE, INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHE-
THER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, OR IMPOSED BY STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. COMPANY'S LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL IN NO EVENT
EXCEED THE PURCHASE PRICE OF THE PRODUCTS. IT IS AGREED AND ACKNOWLEDGED THAT THE PROVISIONS OF THIS AGREEMENT ALLOCATE
THE RISKS BETWEEN COMPANY AND CUSTOMER, THAT COMPANY'S PRICING REFLECTS THIS ALLOCATION OF RISK, AND BUT FOR THIS ALLOCA-
TION AND LIMITATION OF LIABILITY, COMPANY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT.
2.2. IN JURISDICTIONS THAT LIMIT THE SCOPE OF OR PRECLUDE LIMITATIONS OR EXCLUSION OF REMEDIES OR DAMAGES, OR OF LIABILITY, SUCH
AS LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED, THE LIMITATION
OR EXCLUSION OF WARRANTIES, REMEDIES, DAMAGES OR LIABILITY SET FORTH ABOVE ARE INTENDED TO APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW. CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE, COUNTRY OR OTHER JURISDICTION.
This warranty is limited to the repair or replacement of the product at the discretion of the manufacturer and distributor. This warranty does not cover
personal injury, property loss, including livestock or damage (direct or incidental, or consequential) arising out of use of this product.
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Dennerle USA, Inc.
350 Fifth Avenue Suite 5220
New York, NY 10118
USA
TransWorld Aquatic Enterprises
3730 W. century Blvd., Unit # 3
Inglewood, CA 90303 USA
Customer Support: 877-374-9981
Monday to Friday
9am - 4pm (Pacific Time)
Email: support@jbjlighting.com
Dennerle USA, Inc.
350 Fifth Avenue Suite 5220
New York, NY 10118
USA
Website: http://dennerle.com