The Terms of Sale include KEDZ COVERS, Inc. (KEDZ COVERS)’s Limited Warranty, Disclaimers of Warranties of Merchantability and Fitness for Particular Purpose, and other substantial Limitations of KEDZ COVERS’ Liability. Purchaser indemnifies and holds KEDZ COVERS harmless against all claims, losses, damages, and penalties, including reasonable attorney fees, arising out of KEDZ COVERS’ sale of Product to Purchaser, including all third party claims for losses including personal injury or death.*********LIMITED WARRANTY. Product manufactured by KEDZ COVERS or supplied by KEDZ COVERS is warranted to be free from defects in material and workmanship under normal use and service for a period of one year from date of shipment. KEDZ COVERS' obligation under this warranty is limited to replacing any Product found to its satisfaction to be so defective, provided that such Product is, upon request, returned to KEDZ COVERS' factory from which it was shipped, transportation prepaid. This warranty does not cover Product damaged by decomposition from chemical action or wear caused by abrasive materials, nor does it cover damage resulting from misuse, accident, neglect, or from improper modification or adjustment. KEDZ COVERS makes no warranty as to any equipment or other material not of its manufacture. If Purchaser or others alter Product or parts without KEDZ COVERS's prior written approval, KEDZ COVERS is relieved of any further obligation to purchaser under this section with respect to such Product.KEDZ COVERS' liability for breach of these warranties (or for breach of any other warranties found by a court of competent jurisdiction to have been given by KEDZ COVERS) shall be limited to a) accepting return of such Product at the plant of manufacture, and b) refunding any amount paid thereon by Purchaser. These warranties are expressly in lieu of any other warranties, express or implied, and, are in lieu of any other obligation or liability on the part of the KEDZ COVERS, whether a claim is based upon negligence, breach of warranty, or any other theory or cause of action. In no event shall KEDZ COVERS be liable for any consequential, incidental, indirect, special or punitive damages of any kind.KEDZ COVERS specifically disclaims any implied warranty of merchantability or fitness for a particular purpose. Product warranted shall not include equipment, parts, and work not manufactured or performed by KEDZ COVERS. With respect to such equipment, parts, or work, KEDZ COVERS' only obligation shall be to assign to Purchaser the warranties provided to KEDZ COVERS by the manufacturer or supplier providing such equipment, parts or work. No product furnished by KEDZ COVERS shall be deemed to be defective by reason of normal wear and tear, failure to properly store, install, operate, or maintain the Product in accordance with specific recommendations of KEDZ COVERS. LIMITATION OF DAMAGES AND DISCLAIMER OF CONSEQUENTIAL DAMAGES OR PENALTIES. To the extent permitted by law, KEDZ COVERS shall not be liable for consequential, incidental, indirect, special or punitive damages, arising out of the sale or contract to sell Product, or out of any breach of any of KEDZ COVERS’ obligations hereunder, or out of any defect in, or failure of, or malfunction of the Equipment, whether or not caused by KEDZ COVERS' negligence. Consequential damages, for the purpose of this agreement, shall include but not be limited to, personal injury, impairment of other equipment, environmental damage, increased expenses of operation, damage to property or any other loss occasioned by or arising out of the operation, use, installation, repair or replacement of the Product or otherwise, whether or not such loss is based upon warranty, contract, tort (including negligence and strict liability) or otherwise. KEDZ COVERS's damages are limited to damages set forth under the paragraph entitled Limited Warranty. The foregoing notwithstanding, KEDZ COVERS's maximum aggregate liability under this contract or arising out of the sale of Product shall not exceed the purchase order amount of the Product upon which such liability is based. All such liability shall terminate four years from the date of the purchase order if not sooner terminated.
Kedz Covers, Inc.1242 Royal Oak DriveDunedin, FL firstname.lastname@example.org