Limited Lifetime Warranty
This warranty applies to our Sani-Spire® Hand Sanitizer Dispensing Stations ONLY (not our hand sanitizer gel).
(a) Seller warrants to Buyer that the Goods will be free from material defects in materials and workmanship for as long as Buyer (or, if Buyer is a re-seller, Buyer’s customer) owns the Goods. For clarity, this warranty does not cover ordinary wear and tear.
(b) EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 9(a), SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED
BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
(c) Products manufactured by a third party ("Third Party Products") may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Goods. Third Party Products (including, without limitation,
sanitizer bottles and sanitizer gel used in connection with tower sanitizer Products) are not covered by the warranty in Section 9(a).
(d) Seller shall not be liable for a breach of the warranty set forth in Section 9
(a) unless: (i) Buyer gives written notice of the defect, reasonably described, to Seller within 10 days of the time when Buyer discovers or ought to have discovered the defect; (ii) Seller is given a reasonable opportunity after receiving the notice to examine such Goods and Buyer (if requested to do so by Seller) returns such Goods to Seller's place of business at Seller's cost for the
examination to take place there; and (iii) Seller reasonably verifies Buyer's claim that the Goods are defective.
(e) Seller shall not be liable for a breach of the warranty set forth in Section 9
(a) if: (i) Buyer makes any further use of such Goods after giving such notice; (ii) the defect arises because Buyer failed to follow Seller's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or (iii) Buyer alters or repairs such Goods without the prior written consent of Seller.
(f) Subject to Section 9(d) and Section 9(e) above, with respect to any such Goods during the Warranty Period, Seller shall replace such Goods (or the defective part) provided that, if Seller so requests, Buyer shall, at Seller's
expense, return such Goods to Seller.
(g) THE REMEDIES SET FORTH IN SECTION 9(f) SHALL BE THE BUYER'S SOLE AND EXCLUSIVE REMEDY AND SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 11(a).