WARRANTY AND DISCLAIMER
LIMITED WARRANTY:
Seller warrants that the products or Materials will conform to the requirements of the regular industrial specifications contained herein and will be free from defects in material and workmanship for a period of 14 days from the date when you purchased the product.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON OUR PART. WE NEITHER ASSUME NOR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR US ANY OTHER LIABLITY IN CONNECTION WITH THE SALE OF OUR PRODUCTS.
We will repair or replace it at our option if the product is defective. Our obligation to repair or replace the product or to accept it in return does not apply if the product or any part thereof has been subject to accident, negligence, alteration, abuse, misuse or improper installation on your part. WE MAKE NO WARRANTY WHATSOEVER IN RESPECT TO ACCESSORIES OR PARTS NOT MANUFACTURED BY STORM COPPER OR ITS AFFILIATED COMPANIES.
Seller makes no other warranty or representation concerning the products or Materials. This warranty is limited to the original purchaser of the product.
DISCLAIMER
sizemetal.com’s liability in all events is limited to the purchase price paid for the product that gives rise to any liabilities. We strongly suggest contacting us for more information prior to purchasing if you have specific technical or chemistry requirements that our products need to meet for your application. As the information and images provided throughout seizemetal.com intend only to providing assistance in purchasing our products for your application. The information is provided “as is” and sizemetal.com makes no warranty of any kind with respect to the subject matter or accuracy of the information contained herein. sizemetal.com specifically disclaims all warranties, expressed, implied or otherwise, including without limitation, all warranties of merchantability and fitness for any particular purpose. sizemetal.com, in no event, shall be held liable for any special, incidental, indirect or consequential damages of any kind or any damages whatsoever resulting from loss of use or profits, whether or not advised of the possibility of damage or failure to perform as expected, and on any theory of liability, arising out of or in connection with the use of the information or products contained herein. Final determination of the suitability of our products for any application or the manner of its use is the sole responsibility of the user. This publication may include technical inaccuracies and typographical or graphical errors
ALL PRODUCTS BEING SOLD HEREUNDER ARE BEING SOLD “AS IS.” ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY TYPE AND KIND IN CONNECTION WITH THIS SALE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED IN ALL RESPECTS AND FOR ALL PURPOSES. SELLER IS NOT THE MANUFACTURER OF THE PRODUCTS BEING SOLD HEREUNDER AND SELLER HAS NOT MADE ANY INDEPENDENT CHEMICAL OR PHYSICAL ANALYSIS OR ANY OTHER TYPE OF TEST ON ANY OF THE PRODUCTS WHATSOEVER. SELLER DOES NOT MAKE ANY REPRESENTATION AND DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY WITH REGARD TO THE CONTENT, ACCURACY, MANNER OR PREPARATION OF ANY GENERAL TRADE INFORMATION, THIRD PARTY CERTIFICATION OR REPORT SUPPLIED WITH THE PRODUCTS.
ARBITRATION OF DISPUTE:
In the event of a lawsuit, any dispute arising out of or relating to this Agreement, tort or the breach hereof, must be brought to and settled by arbitration in Ontario, California, USA. Any dispute between you and sizemetal.com or any of its affiliates will be resolved by binding arbitration pursuant to the Federal Arbitration Act in front of a single arbitrator in accordance with the Rules of Procedure for Arbitration of Commercial Disputes of the American Arbitration Association. The arbitrator will not have the authority to award damages other than as specified in these Terms and Conditions.
The award resulting from there shall be final and binding on the parties hereto and upon all parties to such arbitration and judgment upon the award rendered by the arbitration’s may be entered in any court having jurisdiction over such parities. This Agreement shall be construed and enforced in accordance the laws of the State of California.
ATTORNEY FEES:
In the event that Seller must institute a lawsuit against Buyer for any reason hereunder or if Seller successfully defends any lawsuit instituted by Buyer, then Seller shall be entitled to recover its costs and expenses, including reasonable attorney’s fees, from Buyer.