Terms and Conditions
The terms and conditions of the FOREVER WARRANTY™ apply to the Sherman + Reilly, Inc., (“SRI”) products comprising distribution and transmission single-conductor blocks and bundled blocks, and to related accessories (collectively, “Products”), as specified below.
SRI warrants to the original purchaser (“Buyer”) of the Products that the Products will be free from defects in material and workmanship for the life of the Products. SRI’s sole liability under this Warranty will be, at its sole discretion, either to repair or to replace the Products (or any relevant part(s) thereof) that prove to be defective. Buyer must inform SRI of any defects in writing and without unreasonable delay. Buyer shall return defective Products subject to this Warranty, freight pre-paid, to SRI’S address in Chattanooga, Tennessee, without unreasonable delay. SRI will investigate the reported defects and take appropriate action following receipt of the Products.
Buyer acknowledges that this Warranty does not apply to any defects caused by:
- improper use of the Product;
- failure to perform regular maintenance as specified or to properly store the Products;
- alterations, modifications, repairs or any other work done on or in relation to the Products by anyone but SRI;
- an energized condition.
The Forever Warranty™ will automatically terminate as to any Product if the Product experiences an energized condition.
THE FOREVER WARRANTY™ IS A LIMITED WARRANTY. THIS WARRANTY IS THE ONLY WARRANTY MADE BY SRI AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND ALL SUCH WARRANTIES, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY DISCLAIMED AND EXCLUDED. SRI’S SOLE OBLIGATION TO BUYER UNDER THIS LIMITED WARRANTY IS TO REPAIR OR REPLACE THE EQUIPMENT UNDER THE TERMS AND CONDITIONS SET FORTH ABOVE. SRI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS REVENUE, GOODWILL, OR ANTICIPATED SAVINGS OR LOSS OR DAMAGE RESULTING FROM THE DEATH OR INJURY OF ANY OF BUYER’S EMPLOYEES OR ANYONE ELSE, WHETHER ARISING FROM SRI’S BREACH OF CONTRACT, NEGLIGENCE, OR HOWSOEVER. THIS WARRANTY IS NOT ASSIGNABLE BY BUYER.
Warranty is limited to defects in material and workmanship for a period of one (1) year from date of shipment, unconditionally.
The seller makes no representation or warranty to the purchaser as to the suitability or fitness of the material or products for the particular use intended or made by the purchaser. Such determination having been made exclusively by the purchaser, and all risk of damage or delay caused by the unfitness or unsuitability of the material or products or any part of same, for any particular use made by the purchaser or the breakdown or malfunction of same during the course of such use shall be exclusively upon the purchaser.
The seller makes no warranty of merchantability to purchaser in the sale of goods ordered herewith. Seller’s warranty is limited to the replacement of parts or material, excluding shipping charges, labor or service and handling charges.