HARDWARE : Subject to the limitations of liability set forth below, RPM Hardware (the "Company") warrants to purchasers that the HARDWARE which the company sells under the "RPM Hardware" trademark or trade name, do NOT have any defects in workmanship and materials, under normal use, regular service and maintenance, for two (2) years.
TOOLS : Subject to the limitations of liability set forth below, RPM Hardware (the "Company") warrants to purchasers that the TOOLS, MACHINES, LATHES & ACCESSORIES which the company sells under the "Bolton Tools" trademark or trade name, do NOT have any defects in workmanship and materials, under normal use, regular service and maintenance, for one (1) year.
THIS IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY THE COMPANY WITH THE RESPECT TO THE PRODUCTS AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.
This warranty does not cover defects or damage arising from improper installation, lack of or improper maintenance, improper storage, shipping and handling, ordinary wear and tear, misuse, abuse, accident, unauthorized service, or use with products or parts that are not authorized by RPM Hardware.
The sole and exclusive liability of RPM Hardware under this warranty or otherwise, shall be limited to the repair or replacement of any hinge product or opponent part which shall prove defective to the original purchaser from RPM Hardware. The Company will not pay for the costs or repair performed other than in accordance with this warranty.
THE COMPANY WILL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE AND IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF THE ACTION (WHETHER BASED IN CONTRACT , STRICT LIABILITY, NEGLIGENCE, INFRINGEMENT, OTHER TORT OR OTHERWISE), SHALL THE COMPANY'S LIABILITY TO PURCHASER AND/OR ITS CUSTOMERS EXCEEDTHE PRICE PAID BY PURCHASER FOR THE SPECIFIC PRODUCTS PROVIDED BY THE COMPANY GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. PURCHASER AGREES THAT IN NO EVENT SHALL THE COMPANY'S LIABILITY TO PUCHASER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES RESULTING FROM USE OF THESE PRODUCTS, OR ARISING OUT OF ANY BREACH OF THIS WARRANTY.
The term "consequential damages" shall include, but not limited to, loss of anticipated profits, business interruption, loss of use or revenue, cost of capital or loss or damage to property or equipment. The foregoing limitations and exclusions are intended to be to the maximum extent permitted by law. This warranty is governed by the law of the State of California without regard to its conflict of law principles.
Written notice of a product believed to be defective as covered by this warranty should be sent to RPM Hardware. 16300 Shoemaker Ave, Cerritos, CA 90703 within 30 days from the discovery of the alleged defects, and should include the purchaser's name and address, identification of the product, and brief description of the defect. Upon receipt of such notice, RPM Hardware will inform the purchaser where to ship such product, shipping charges prepaid, for examination. In the event such examination reveals a defect covered by this warranty, the Company will, at its own option, repair or replace the product, and return it or the replacement to the purchaser, with charge only transportation.