The goods sold or distributed by TekTube USA LLC are warranted to be free from defects in material and workmanship at the time of shipment. All goods sold are sold based upon their published specification and are not intended for particular purposes or applications. Purchaser is responsible for determining suitability of the product for their intended purposes, uses or applications. There are no warranties that extend beyond the description on the face hereof. All goods are sold "as is" at the time of shipment. Except as otherwise stated herein, TekTube USA makes no representation or warranty of any kind, and hereby disclaims any such warranties, express or implied, as to merchantability, fitness for a particular purpose, or any other matter with respect to the goods sold hereunder. TekTube USA LLC warrants all goods sold hereunder to be free from defects in use and service for a period of 6 months (180 days) from the date of shipment by TekTube USA LLC. TekTube USA LLC makes no warranty regarding the design of any goods sold hereunder. The products may fail due to use or conveyance of substances at elevated or lowered temperatures or at excessive pressure, the conveyance of abrasive, injurious, flammable, explosive or damaging substances or materials; none of these are approved uses and void the warranty. Hose, tubing or pipe that is used in bent configurations is subjected to increased abrasion. Clamps and couplings may loosen or come free after initial installation and all sections of the hose, tubing or pipe should be inspected regularly, frequently and consistently and repaired or replaced based upon observation showing wear or excessive abrasion. TekTube USA LLC is not liable or responsible for direct or indirect injuries or damages caused by or attributed to the malfunction, deterioration or failure of any products sold or distributed.
STATUTE OF LIMITATIONS
Buyer must bring any and all claims under this warranty within 6 months (180 days) from the time the Buyer takes possession of the goods. Failure to do so will result in waiver of Buyer’s claim.
LIMITS OF LIABILITY/INDEMNITY
TekTube USA LLC shall not be liable for, and Buyer shall indemnify and hold TekTube USA LLC harmless from liability arising from injury or damage to property or persons caused by the goods sold hereunder in any manner by the design, operation, possession, use of the goods, or by, or as a result of, the incorporation of the goods as components in other products. The liability of TekTube USA LLC arising out of the design of any goods, the supplying of any goods, or their use, whether on warranties, claims of negligence, claims of strict liability, claims of product liability, or based on any other legal or equitable theory, shall not in any case exceed the cost or repair or replacement of the goods sold hereunder. TekTube USA LLC shall not be liable to Buyer for any labor expended by Buyer on any goods or in the use of any goods deemed to be defective. TekTube USA LLC hereby disclaims, and shall not be held liable for any special, direct, indirect, incidental or consequential damages, including loss of profits, arising out of or in connection with the use or performance of the goods whether or not caused by or resulting from the negligence of the TekTube USA LLC and/or the manufacturer of product. TekTube USA LLC assumes no responsibility with respect to the capacity of TekTube USA LLC’s goods to function as components in other products. Buyer assumes full risk and responsibility for specifications and design of any product in which TekTube USA LLC’s goods may become components and shall indemnify TekTube USA LLC against liability arising or attributed to any inadequacy in such specifications or design. Buyer shall determine the suitability of products for intended use, shall assume all risk and liability, and shall indemnify TekTube USA LLC from any liability arising from or in connection therewith. This warranty does not apply to any products or portions thereof which have been subject to misuse, abuse, tampering, improper installation, maintenance or abnormal surrounding conditions, products that been altered, modified, repaired, reworked or used in any manner inconsistent with the use and the warranty set forth herein.
TekTube USA LLCs’ obligation under the Limited Warranty is limited to repair or replacement, at TekTube USA LLC’s option, of any goods which upon inspection by the TekTube USA LLC shall disclose to the TekTube USA LLC’s satisfaction to have been defective in either material or workmanship. TekTube USA LLC and buyer agree that this is the Buyer’s sole and exclusive remedy under the Limited Warranty. As a condition precedent to the exercise of this sole and exclusive remedy, Buyer must return goods to TekTube USA LLC, shipping charges prepaid, with a complete statement describing the alleged defects as well as describing Buyer’s intended use for the goods, the installation process undertaken, and the operation and service of the goods.
GOVERNING LAW AND CONSTRUCTION
The laws of the State of Texas shall govern this agreement. Buyer and TekTube USA LLC agree that the laws of said jurisdiction will apply to any dispute under this agreement. In the event that any, or a portion of any, provision, clause, or term of this agreement is found to be unenforceable or invalid under the laws of the State of Texas, the remainder of this agreement will remain in full force and effects provided for under the Laws of the State of Texas. In addition to the above, if any of the Products above is a “consumer product” as defined in 16 C.F.R. §701.1, then, as to such “consumer product” but as to no other product, please note the following: This limited warranty gives you specific rights, and you may also have other rights, which vary from state to state. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This Limited Warranty constitutes the entire agreement between TekTube USA LLC and Buyer, and such agreement many not be modified or amended except by an authorized officer of the TekTube USA LLC. TekTube USA LLC shall not be bound by any terms of Buyer’s purchase order or any other Buyer documents as it relates to the purchase order or product which attempt to impose conditions at variance with TekTube USA LLC’s terms and conditions set forth herein. TekTube USA LLC’s failure to object to the provisions contained in Buyer’s forms or purchase order shall not be deemed a waiver of the provisions of these terms and conditions nor shall it constitute assent to the Buyer’s provisions. This Limited Warranty shall constitute the entire agreement.