STANDARD LIMITED WARRANTY
Subject to the following provisions, GWS warrants that upon delivery and for a period of twelve (12) months from the date of delivery to Purchaser, Products will be free from defects in design, material and workmanship.
This limited warranty extends only to Products purchased directly from GWS and is not assignable or transferable to any subsequent purchaser or user.
- THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PURCHASER’S SOLE AND EXCLUSIVE REMEDY FOR GWS’S BREACH OF ITS OBLIGATIONS HEREUNDER, INCLUDING BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR OTHERWISE, UNLESS PROVIDED ON THE FACE HEREOF OR IN A WRITTEN INSTRUMENT MADE PART OF THIS LIMITED WARRANTY, SHALL BE FOR THE PURCHASE PRICE PAID TO GWS FOR THE NONCONFORMING OR DEFECTIVE PRODUCT OR FOR THE REPAIR OR REPLACEMENT OF NONCONFORMING OR DEFECTIVE PRODUCT, AT GWS’S ELECTION. ANY PRODUCT WHICH GWS DETERMINES TO BE DEFECTIVE WITHIN THE WARRANTY PERIOD SHALL BE, AT GWS’S SOLE OPTION, REPAIRED, REPLACED, OR REFUNDED AT THE PURCHASE PRICE PAID.
- WITHOUT LIMITING THE GENERALITY OF THE EXCLUSIONS OF THIS LIMITED WARRANTY, GWS SHALL NOT BE LIABLE TO PURCHASER OR ANY THIRD PARTY FOR ANY AND ALL (i) INCIDENTAL EXPENSES OR OTHER CHARGES, COSTS, EXPENSES (INCLUDING COSTS OF INSPECTION, TESTING, STORAGE, OR TRANSPORTATION) OR (ii) DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL DAMAGES, PUNITIVE OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OR DAMAGE TO PROPERTY, MOLD, LOST TIME AND LOST BUSINESS OPPORTUNITIES, REGARDLESS OF WHETHER GWS IS OR IS SHOWN TO BE AT FAULT, AND REGARDLESS OF WHETHER THERE IS OR THERE IS SHOWN TO HAVE BEEN A DEFECT IN MATERIALS OR WORKMANSHIP, NEGLIGENCE IN MANUFACTURE OR DESIGN, OR A FAILURE TO WARN.
- GWS’s liability arising out of the sale or delivery of Products, or their use, whether based upon warranty contract, negligence, or otherwise, shall not in any case exceed the cost of repair or replacement of Products and, upon expiration of any applicable warranty period, any and all such liability shall automatically terminate.
- GWS does not warrant the adequacy of any specifications provided directly or indirectly by Purchaser or that Products will perform in accordance with such specifications.
- Without limiting the generality of the exclusions of this limited warranty, this warranty does not cover any failure or problem unless determined to be caused by a defect in design, material or workmanship. This warranty shall not apply to the following:
- Products that have been subject to misuse (including use in a manner inconsistent with the design of the product), abuse, neglect, or accident;
- Products that have been improperly installed, commissioned, operated or maintained;
- Products that have been altered, modified, or repaired by any person or entity other than GWS or explicitly authorized in writing by GWS;
- Products that have been subject to negligent handling or improper storage, damage during shipment, damage due to environmental conditions or acts of God such as lightning, floods, fire or freezing.
- In no event shall GWS be liable for cost of processing, lost profits, goodwill or any other consequential or incidental damage of any kind resulting from the Order or use of Products whether arriving from breach of warranty, nonconformity to ordered specifications, delay in delivery, or any loss sustained by the Purchaser nor will GWS be liable for labor and expenses necessary to remove and reinstall replacement product.
- To obtain service under this warranty, Purchaser must provide written notice to GWS during the warranty period within a reasonable time of discovery, that part or all of the Products do not comply with the warranty conditions. GWS reserves the right to request examination of Products and to require Purchaser to return Products to GWS’s place of business at the Purchaser’s cost for such purpose. All warranty is subject to verifiable proper installation as outlined in the prevailing installation and commissioning instructions.
- GWS will either issue credit or at its option, repair or replace defective product freight prepaid to the Purchaser. GWS will not accept any claims for, nor will GWS be responsible for, any other cost, including labor. GWS reserves the right to make changes in construction, which, in its judgment, constitutes a product improvement.