Product Warranty & Exclusive Remedy
Sensitile warrants that, for a period of one (1) year from delivery, Products shall be free from defects in materials and workmanship; provided that this limited warranty shall be void if the Products are used in a manner not recommended by Sensitile or are otherwise subject to abuse or misuse, improperly installed, improperly transported or stored, and/ or if the defect arises from some causes not inherent in the Product. Sensitile makes no warranty and provides no support as to items provided by third parties, such as hardware, lighting, or other accessories. Sensitile will pass on to Customer any warranty provided by such supplier. Customer shall submit to Sensitile in writing any warranty claim. Sensitile shall, at its election, repair or replace the Products where Sensitile’s inspection discloses any such defects occurring in normal usage within the warranty period; in the alternative, the parties may reach agreement as to a price adjustment. If, in the sole discretion of Sensitile, these remedies are not reasonably available, Sensitile may terminate the Contract and refund the purchase price paid by Customer for the nonconforming Products. These remedies are the sole and exclusive remedies in the event of a breach of warranty. Failure by the Customer to give written notice of claim within the warranty period shall be deemed an absolute and unconditional waiver of Customer’s warranty claim. In connection with the implementation of these remedies, Sensitile is not liable for any direct or indirect costs associated with the repair or replacement of the Product including removal, shipping, and re-installation of the Product, in excess of One Thousand Dollars ($1,000). Due to the specialized nature of Sensitile’s Products, variations in color, shade, flow, grain, tonality, crazing, veining, texture and slight bubbling are inherent characteristics thereof and are not defects. Variations in facial dimensions and thickness are within industry standards. No warranties are made against crazing, scratching or wear due to installation, sealers, grout, falling objects, abuse, misuse, exposure to temperature variations, using improper chemicals or compounds, non-foot traffic wear or other similar exposure. The foregoing warranties are exclusive and are in lieu of all other warranties or representations, express or implied, arising by law or custom, including implied warranties of merchantability and fitness for a particular purpose, which implied warranties are expressly disclaimed by Sensitile and waived by customer. Customer is solely responsible for the installation, sealing, and refinishing of any product, and the integration of the products into any environment. Sensitile does not represent or warrant the performance of the product in connection with other products or as integrated into any specific environment.