Warranty, Disclaimer of Warranties and
Limitations of Remedy
IMPORTANT NOTICE TO PURCHASER
Please remember that
many factors can affect the use and performance of a Lid Factory product
in a particular application. The compatibility of materials used with the
product, the conditions in which the product is used, and the time and
environmental conditions in which the product is expected to perform are
among the many factors that can affect the use and performance of a Lid
Factory product. Given the variety of factors that can affect the use and
performance of a Lid Factory product, some of which are uniquely within
the userís knowledge and control, it is essential that the user evaluate
the Lid Factory product to determine whether it is fit for a particular
purpose and suitable for the userís method of application.
WARRANTY AND LIMITED REMEDY:
Lid Factory MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
assumes all risk and liability for loss, damage, or injury to persons or
property of buyer or others arising out of use or possession of any
material sold hereunder.
User is responsible
for determining whether the Lid Factory product is fit for a particular
purpose and suitable for userís method of application.
It is agreed that in the event of breach of any warranty, the liability of
Lid Factory. shall be limited to replacing the non-conforming goods upon
return to Lid Factory of the unused, portion of the non-conforming goods.
must be unopened and where the product's packaging is still in its
LIMITATION OF LIABILITY:
Lid Factory shall not be liable for any loss, damage or prospective
profits arising from the Lid Factory product whether direct, special,
indirect, incidental or consequential damages, regardless of the legal
theory asserted, including but not limited to warranty, contract,
strict liability. In the event that the limited remedies provided by Lid
Factory, fail of their essential purpose, the parties agree that,
notwithstanding that failure, the exclusion of consequential damages shall
remain in full force and effect as though the remedies had not failed of
their essential purpose