Warranty and Limitations of Warranties
GEMCO assumes no responsibility for any loss or damage resulting from the handling or use of its goods by the customer, user or any other person.
GEMCO WARRANTS THAT IT WILL REPAIR OR REPLACE, AT ITS OPTION, FREE OF CHARGE, ALL PRODUCT FOUND BY GEMCO TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP, PROVIDED THE CUSTOMER MAKES SUCH REQUEST WITHIN A PERIOD OF 180 DAYS OF THE DATE OF DELIVERY.
This remedy is the exclusive and sole remedy for any breach of warranty. This warranty is in lieu of any other warranty of obligation, including a warranty of merchantability and/or fitness, expressed or implied, and no liability is assumed by GEMCO except as expressly stated herein. In no event shall GEMCO be liable for any claims of any kind, including negligence, for any loss or damage arising out of, connected with, or resulting from a customer's purchase contract, or from the performance or breach thereof, or from the manufacture, sale, delivery, resale, repair or use of any goods covered by or furnished under such contract. GEMCO shall not be responsible for incidental or consequential damages from any breach of warranty including, but not limited to customer's, user's or any other person's loss of material or profits, increased expenses of operation, downtime or reconstruction of work, and in no event shall GEMCO's obligation exceed the purchase price for the product involved. GEMCO undertakes no liability and customer waives any claim for customer's costs in connection with any product recall or the removal of old and the installation of new or replacement products or parts. Statements concerning the application and safe use of products in our literature or labels are guidelines only because we have no control over the methods of application or conditions of use. Customers should, therefore, test all products for suitability for their specific purpose and use and customer assumes all risk and liability. GEMCO shall be given a reasonable and prompt opportunity to examine and investigate any products concerning which a claim is made.
