FlexHead® Industries, Inc. warrants that its products will be free from defects in materials and workmanship under normal conditions of use and service for a period of one year from date of sale.
Our obligation under this warranty is limited to repairing or replacing any product that is returned to us with transportation charges prepaid within one year after the date of original sale and that our examination shows to our satisfaction to have been defective in materials or workmanship under normal conditions of use and service. The decision as to whether to repair or to replace any product shall be made by us, and any repair shall be made at our facility. Notwithstanding the foregoing, the following are specifically excluded from the coverage of this warranty:
(a) the sprinkler head of any FlexHead® Industries, Inc. product, but FlexHead® Industries, Inc. hereby assigns to the original purchaser of any such product the right to enforce the warranty, if any, issued by the manufacturer of such sprinkler head
(b) defects resulting from ordinary wear and tear, including, without limitation, the replacement of the so-called poly bag components of any FlexHead® Industries, Inc. product
(c) products that have been altered in any manner by the buyer or by anyone other than FlexHead® Industries, Inc.
(d) products that have been subjected to misuse, abusive use, or damage by accident or casualty
(e) products that have been installed or used in a manner contrary to our specifications, instructions or recommendation
(f) products that have been installed or used in a manner that is not in compliance with all applicable requirements of any code, law, regulation or rule of any federal, state or local governmental or industry authority; and
(g) products that have not been inspected and maintained in accordance with our specifications, instructions or recommendations, including, without limitation, our recommendations as to following the inspection and maintenance standards published by Factory Mutual Research Corporation (FMRC) and the National Fire Protection Association (NFPA); and
(h) products that have been affected by Microbiologically Influenced Corrosion (MIC).
This warranty is not assignable and shall benefit only the original purchaser of a FlexHead® Industries, Inc. product. If any provision hereof or any portion of any provision shall be held invalid, the remainder of this Limited Warranty shall not be affected thereby, and all provisions of this Limited Warranty shall remain valid and in full force and effect to the fullest extent permitted by law. THIS WARRANTY IS IN LIEU OF ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY HEREIN OR ANY APPLICABLE LAW TO THE CONTRARY, IN NO EVENT SHALL FLEXHEAD INDUSTRIES, INC. BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES WHATSOEVER, WHETHER ARISING FROM ANY BREACH OF THIS LIMITED WARRANTY OR OTHERWISE ARISING FROM OR IN CONNECTION WITH THE USE OR OPERATION OF, OR ANY DEFECT IN, ANY FLEXHEAD INDUSTRIES, INC. PRODUCT, OR OTHERWISE. The risk of damages from any breach of warranty with respect to injury to any person will be born by the purchaser of FlexHead® Industries, Inc. product.