WARRANTY AND LIMITATION OF LIABILITY
The Seller expressly warrants that VinylBoost (the “Product”) will conform to the specifications, drawings, samples or descriptions furnished to the Buyer (if applicable), and will be merchantable, of good material and workmanship and free from defect. In addition, the Seller expressly warrants that all of the Product, which has been selected, designed, manufactured or assembled by the Seller, will be fit and sufficient for the particular purpose of revitalizing vinyl exterior cladding.
In no event does the warranty of the Seller extend to the Product if the Product has been subject to misuse; improper testing, installation, storage or handling; abnormal stress, condition or use; repair or alteration, other than by the Seller or those authorized by the Seller; or has been used with any third party product or hardware not authorized or approved in writing by the Seller.
The liability of the Seller, whether in contract, tort (including negligence) or otherwise, from any loss or damage arising out of, connected with, or resulting from a breach by the Seller of this warranty, is limited to the price allocated to the Product, or part thereof, which gives rise to the claim, or the replacement cost of the Product or part thereof. In no event shall the Seller be liable for any special, indirect or consequential damage incurred by the Buyer, such as, but not limited to, loss of profit or revenue, loss of use, down-time, or cost of a substitute Product.
To be entitled to compensation hereunder, a Buyer must submit acceptable proof of purchase, together with the unused product and before and after photographs of the surface to which the Product was applied, within twelve (12) months of the date of purchase.
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