Landmark and Manufacturer warrant that Goods sold by Landmark as “first choice goods” are manufactured in accordance with Manufacturer’s published technical standards. This limited warranty is valid only: (i) for a period of one hundred and eighty (180) days from the date of shipment of the Goods by Landmark, or (ii) for the period from the date of shipment of the Goods by Landmark until installation or attempted installation of the Goods, whichever is less. This limited warranty applies only to “first choice goods” sold by Landmark.
ALL GOODS SOLD BY Landmark OTHER THAN “FIRST CHOICE GOODS” ARE SOLD AS IS. THIS IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY Landmark AND THE MANUFACTURER WITH RESPECT TO THE GOODS AND IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO Landmark OR MANUFACTURER, AND WHETHER OR NOT Landmark'S OR MANUFACTURER’S PRODUCTS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY Landmark AND/OR MANUFACTURER FOR BUYER'S (OR ANY SUBSEQUENT TRANSFEREE’S, AS DEFINED BELOW) USE OR PURPOSE.
OTHER THAN REPRESENTATIONS OR WARRANTIES MADE BY Landmark OR MANUFACTURER IN THEIR RESPECTIVE LITERATURE AND/OR PACKAGING, NO REPRESENATION OR WARRANTY OF ANY KIND REGARDING THE GOODS MADE BY ANY PERSON OR ENTITY INCLUDING, BUT NOT LIMITED TO, INDEPENDENT DISTRIBUTORS AND SALES REPRESENATIVES, SHALL BE BINDING UPON Landmark OR MANUFACTURER.
IF YOU ARE A CONSUMER, AND SHOULD ANY APPLICABLE LAW PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES SET FORTH ABOVE, THEN ANY IMPLIED WARRANTIES FOUND TO EXIST WILL BE STRICLTY LIMITED TO THE DURATION OF THE LIMITED WARRANTY SET FORTH ABOVE.
Notwithstanding the foregoing, this limited warranty does not extend to any losses or damages due to misuse, accident, abuse, neglect, normal wear and tear, negligence (other than Landmark's or Manufacturer’s), unauthorized modification or alteration, use beyond rate capacity, improper installation, maintenance or application. To the extent that Buyer or its agents have supplied specifications, information, representation of operating conditions or other data to Landmark or Manufacturer in the selection or design of the Goods and the preparation of Landmark's quotation, and in the event that actual operating conditions or other conditions differ from those represented by Buyer, any warranties or other provisions contained herein which are affected by such conditions shall be null and void.
Tile by its nature and due to the variability of the natural material and production process itself is a material subject to
variation in color and/or veining as well as technical specifications, including but not limited to DCOF (dynamic coefficient of friction).
Express technical specifications are not guarantees of minimum or maximum thresholds of performance.
Landmark does not warrant that our porcelain tiles will not scratch, chip or show signs of wear.
Buyers must notify Landmark of any defects in the Goods in writing, via certified mail to Landmarkr Ceramics,
at 1427, N Main Street, Mt.Pleasant – TN 38474, within thirty (30) days of Buyer’s receipt of the Goods.
Upon receiving Buyer’s notice of defect,
Landmark shall, at its option, repair, correct or replace the Goods EX WORKS (which shall have the same meaning as in the
Incoterms 2000 published by the International Chamber of Commerce), or refund the purchase price for that portion of the Goods
found by Landmark to be defective. Failure by Buyer to give such written notice within the applicable time period shall be
deemed an absolute and unconditional waiver of Buyer's claim for such defects. Goods repaired or replaced during the warranty period
shall be covered by the foregoing warranty for the remainder of the original warranty period or ninety (90) days from the date of shipment,
whichever is longer.
Notwithstanding the provisions contained in the preceding sentences of this paragraph, BUYER SHALL BE DEEMED TO HAVE ACCEPTED THE GOODS AND ABSOLUTELY AND UNCONDITIONALLY WAIVED ITS RIGHTS TO CLAIM FOR ANY DEFECTS: (I) UPON INSTALLATION OR ATTEMPTED INSTALLATION OF THE GOODS, OR (II) IF THE GOODS ARE OTHERWISE USED OR ALTERED IN ANY WAY.
Buyer assumes all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Goods, either alone or in combination with other products/components.
The Limited Warranty also applies in the event that any entity or person (other than Buyer) buys, acquires or uses the Goods,
including, but not limited to, any entity or person who obtains the Goods from Buyer (any of them a "Subsequent Transferee").
Buyer hereby covenants and agrees to provide such Subsequent Transferee with conspicuous written notice of the provisions set
buyer, furthermore, covenants and agrees that it shall not make any representation or warranty whatsoever regarding the Goods to any third party (either on behalf of Landmark or Manufacturer or on its own account), other than the limited warranty of Landmark and Manufacturer set forth in this Section 4. BUYER HEREBY COVENANTS AND AGREES THAT, SHOULD IT FAIL TO COMPLY WITH THE PROVISIONS OF THIS LAST PARAGRAPH OF SECTION 4, BUYER SHALL DEFEND, INDEMNIFY, AND HOLD Landmark AND/OR MANUFACTURER, ITS OFFICERS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES), OR CLAIMS FOR INJURY OR DAMAGES (INCLUDING, BUT NOT LIMITED TO GENERAL, CONSEQUENTIAL, INCIDENTAL AND PUNATIVE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH BUYER’S OR BUYER’S EMPLOYEES’, AGENTS’, REPRESENTATIVES’ AND/OR INDEPENDENT CONTRACTORS’ BREACH OF THESE TERMS AND CONDITIONS OF SALE.
THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY HEREUNDER SHALL BE LIMITED TO REPAIR, CORRECTION OR REPLACEMENT, OR REFUND OF THE PURCHASE PRICE IN ACCORDANCE WITH SECTION 4 ABOVE.
NEITHER Landmark NOR MANUFACTURER SHALL BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE AND IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL Landmark'S OR MANUFACTUER’S LIABILITY TO BUYER AND/OR ANY SUBSEQUENT TRANSFEREES EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC GOODS PROVIDED BY Landmark OR MANUFACTURER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER AND ANY SUBSEQUENT TRANSFEREE AGREES THAT IN NO EVENT SHALL Landmark'S OR MANUFACTURER’S LIABILITY TO BUYER AND/OR ANY SUBSEQUENT TRANSFEREES EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. The term "consequential damages" shall include, but not be limited to, loss of anticipated profits, loss of business opportunity, business interruption, loss of use or revenue, cost of capital or loss or damage to property or equipment.
It is expressly understood that any technical advice furnished by Landmark or Manufacturer with respect to the use of the Goods is given without charge, and Landmark and Manufacturer assume no obligation or liability whatsover for the advice given, or results obtained, all such advice being given and accepted at Buyer's own risk.