WARRANTY AND REMEDY INFORMATION

 

OVERVIEW

 

The Smithson Company, Inc. (“Smithson”) warrants it will replace without charge any Smithson product that is not merchantable because of defects in materials or workmanship. Notice of a claim under this warranty must be given promptly in writing, in no case later than 45 days after the defect becomes known to the purchaser. THIS EXPRESS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE REPLACEMENT OF THE PRODUCT(S) PURCHASED IS THE SOLE AND EXCLUSIVE REMEDY ARISING FROM THESALE OF SMITHSON’S PRODUCTS. IN NO CASE WILL SMITHSON BE LIABLEFOR INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE, including, without limitation, damage to other property, loss of profits, loss of goodwill, or other economic loss, whether such incidental or consequential loss or damage is claimed on account of breach of warranty, breach of contract, negligence, strict liability in tort, or any other legal theory. GOODS SOLD FOR RESALE ARE ALL SUBJECT TO THESE TERMS, AND ALL OFFERS ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE OF THESE TERMS.