Warranty:
We warrant that all material, at the time of shipment by us, shall conform to description set forth on the back of our invoice. We do not warrant against any non-conformity to the extent that such non-conformity results from damage, misuse, abrasion, corrosion, negligence, accident, tampering, faulty installation, improper storage, inadequate maintenance, or any other cause affecting the material after the shipment of material. We disclaim all other warranties with respect to material sold or services rendered, whether express or implied, including the warranties of merchant ability and fitness of the material or services for any particular purpose. By placing an order with us, a buyer affirms that the buyer has not relied upon the skill or judgement of us or any of our agents, employees or representatives to select or furnish material for any particular purpose, and the sale is made without warranty by us that the material is suitable for any particular purpose. Any description of the material or service contained on our sales forms or any other correspondence is for the sole purpose of identifying it and does not constitute a warranty tha the material or service shall conform to that description.
Exclusive Remedy:
We will at our option and as a buyer's exclusive remedy, replace with new material, or refund the purchase price for, material that in our opinion is defective if the buyer gives written notice of the defect within 30 days after receipt. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as we are will and able to replace defective material or refund the purchase price withing the time specified.
Under no circumstances wil we be responsible for any other damage, including any director consequential damage or loss, arising from contract, tort or otherwise including, without limiting the generality of the foregoing, loss or damage to buildings, contents, products or persons.
Buyer must immediately discontinue use of any item claimed to be defective. No charge for LABOR or EXPENSE required to repair defective material or occasioned by it will be allowed.
Returns:
Return shipments must be authorized by us in advance. Only materials proving defective as dispositioned by our quality assurance people will be replaced. No claims for LABOR or DAMAGE are allowed. Material must be inspected promptly as Eagle Alloys Corporation will not accept any claims after 30 days of receipt.
Limitations or Actions:
No action against us for breach of any sales agreement may be brought more that one year after the cause of action accrues.
Acceptance:
Our sales are made pursuant to our terms and conditions. If we receive a purchase order or other document from a buyer that limits acceptance to its terms or states that our acknowledgement, shipping of material, commencing work, or other act or failure to act constitutes acceptance of an offer on the terms of the purchase order or other document, no responding document sent by us shall be a definite and seasonable expression of acceptance of the buyer's offer. In that event, our responding documents are intended as a counteroffer, accepted when the buyer accepts shipment of any of the material described. We hereby object to any term contained in a buyer's purchase order or other document if the term is different from or in addition to the terms herein.