USA Salon & Spa Product Warranty
LIMITED WARRANTY AND EXCLUSIVE REMEDY:
USAS&S warrants that during a period of one (1) year from date of shipment of the goods purchased under this contract, such goods shall be free from structural defects under normal use and service. USAS&S may repair or replace at its discretion any product or part deemed to be defective in material or workmanship upon mandatory inspection and/or attempted troubleshooting by an authorized representative of USAS&S. If during such period such goods shall fail to perform in accordance with specifications, USAS&S shall, at its expense and option, repair or replace the goods; provided, however, USAS&S shall not be responsible for any removal, installation or reinstallation costs. THE FOREGOING WARRANTIES AND REMEDIES SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES under any and all circumstances. Provided further that if any such remedy shall fail of its essential purpose, USAS&S maximum and sole liability arising from or related to this sale of goods contract, or from any attempts to repair or replace defective goods, shall be limited to payment of the purchase price, or the allocable portion of the purchase price which relates to the defective goods furnished under this contract. The foregoing warranty shall be void if damage results from Customer’s improper installation, repair or use of the goods; any products deemed to be damaged due to misuse, wear and tear, neglect, fire, theft or any attempt to repair or modify by persons other than USAS&S will make the buyer responsible for all repair, replacement and delivery costs thereafter. The USAS&S warranty excludes the cost of all shipment/delivery fees unless agreed by the USAS&S representative; this includes shipping costs for inspection. This Limited Warranty DOES NOT APPLY to buyer's remorse.
DISCLAIMER OF ALL OTHER WARRANTIES: USAS&S makes no warranty other than the limited warranties described or provided above. THESE LIMITED WARRANTIES ARE EXPRESSLY IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. There are no warranties which extend beyond the description on the face hereof. In no event shall USAS&S be liable for, and Customer shall indemnify and hold USAS&S harmless from, (1)any damages, direct, indirect, general, special, incidental or consequential, WHETHER RESULTING FROM USAS&S NEGLIGENCE OR OTHERWISE, arising out of, in connection with, or resulting from the goods contract sold hereunder, and (2) any and all claims, actions, suits and proceedings which may be instituted in respect to the foregoing, including without limitation those made by subsequent owners and users of the goods.
INDEMNIFICATION: USAS&S shall not be liable for any property damage whatsoever or claims of any kind whether based on contract, warranty, tort INCLUDING WITHOUT LIMITATION USAS&S OWN NEGLIGENCE OR OTHERWISE, or for any loss or damage arising out of, in connection with, or resulting from, this contract, or from the performance or breach thereof, or from all services or goods covered by or furnished under this contract. Customer agrees to indemnify and hold harmless USAS&S against any and all liability associated therewith whatsoever whether based on contract, tort, AND WHETHER RESULTING FROM USAS&S NEGLIGENCE OR OTHERWISE, including without limitation all claims made by any third party.
