Limited Warranty
Gumout warrants that it will convey the products free and clear of all liens, security interests and encumbrances created by, through or under Gumout. Gumout further warrants that for a period of 6 months from the date of delivery to the common carrier (the “warranty period”), under normal use and given proper installation and maintenance as determined by Gumout, the products: (a) will conform to mutually agreed upon written specifications or other descriptions; and (b) will be free from substantial defects in material and workmanship.
In the event of a breach of the warranties set forth above (the “warranties”), Gumout will, at its option and as its sole liability and the purchaser’s sole remedy, repair, replace or credit the purchaser’s account for, any product that fails to conform to the warranties, provided that (i) during the warranty period Gumout is promptly notified in writing upon discovery of such failure with a detailed explanation of any alleged deficiencies; (ii) Gumout is given a reasonable opportunity to investigate all claims; and (iii) Gumout’s examination of the product confirms the alleged deficiencies and that the deficiencies were not caused by accident, misuse, neglect, normal wear and tear, improper installation, unauthorized alteration or repair or improper testing. No products may be returned to Gumout until inspection and approval by Gumout.
The warranty against defects does not apply to: (1) consumable components or ordinary wear items; or (2) use of the products with equipment, components or parts not specified or supplied by Gumout or contemplated under the product documentation.
Except as set forth herein, Gumout makes no warranty or representation of any kind, express or implied (including no warranty of merchantability or fitness for any particular purpose).
Limitation of liability and remedies
Gumout will not be liable, and the purchaser waives all claims against Gumout, for indirect, incidental, special, punitive or consequential damages, down time, lost profits or commercial losses, whether or not based upon Gumout’s negligence or breach of warranty or strict liability in tort or any other cause of action. In no event will Gumout’s liability in connection with the agreement or sale of Gumout’s products or services exceed the purchase price of the specific products or services as to which the claim is made.
Product use
The customer is solely responsible for determining if the product is fit for a particular purpose and suitable for the purchaser’s method of application. Accordingly, and due to the nature and manner of use of Gumout’s products, Gumout is not responsible for the results or consequences of use, misuse or application of its products. All physical properties, statements and recommendations are either based on the tests or experience that Gumout believes to be reliable, but they are not guaranteed.