TRANSTEX LLC and TRANSTEX Inc. (“TRANSTEX”) warrant to the original purchaser (“Customer”) that its aerodynamic fairing EDGETM TopKit® and LEADEDGETM (“Product”) and associated Brackets and Hardware shall be free from defects in materials and workmanship for the following Warranty Period:
- Ten (10) years from the date of purchase for the Product generally; but only
- Three (3) years from the date of purchase for the Color of the product.
The Warranty Period is subject to the conditions, limitations, and exclusions set forth in this document.
Remedies. If TRANSTEX determines that, due to a defect in materials or workmanship, the Product, Brackets, or Hardware have malfunctioned or the Colored part has become discolored, the Customer’s sole remedy and TRANSTEX’s sole liability shall be, at TRANSTEX’s option, to either repair or replace the malfunctioning Product, Brackets, Hardware or product color with a similar product at no charge or to reimburse the purchase payment times the percentage of the duration left on the Warranty Period. TRANSTEX shall have the sole right to determine whether a defect in materials or workmanship has occurred. In order to be eligible for this limited remedy, the Customer must:
- Deliver a written claim to TRANSTEX with sufficient detail and evidence within fifteen (15) days of the discovery of the defect,
- Return the malfunctioning Product, Brackets or Hardware with proof of purchase within the applicable Warranty Period to TRANSTEX, and
- Bear the costs of packaging, shipping, labor, insurance, and taxes for the repair or replacement.
Warranty of Replacement Product, Brackets, and Hardware. A replacement assumes the remaining Warranty Period of the original product.
Warranty not Assignable. This Limited Warranty shall only be available to the Customer and not to any subsequent owner of the Product, Brackets, Hardware, or Colored Film.
Used Products. All used products are sold “as is” without any warranty whatsoever, and the Customer accepts all risks and perils regarding such used products.
Exclusions. This Limited Warranty is void and TRANSTEX shall not be liable if:
- TRANSTEX determines that the Product, Brackets and Hardware have been serviced by anyone other than a TRANSTEX certified installer or trained installer by TRANSTEX;
- The Product, Brackets or Hardware are damaged, in TRANSTEX’s opinion, as a result of an external collision or the occurrence of an accident, improper use or misuse, misapplication, abusive operation, insufficient care, negligence, lack of proper upkeep, use of improper tools or substances on the components, modifications made to the Product, Brackets or Hardware without the authorization of TRANSTEX; and/or
- The Product, Brackets, or Hardware were used outside the parameters of the TRANSTEX’s manual or instructions.
THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS OTHER THAN THOSE STATED IN THIS LIMITED WARRANTY. THIS LIMITED WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE. THE REMEDY SET FORTH HEREIN SHALL BE THE SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE PRODUCT. NO PERSON IS AUTHORIZED TO MAKE ANY OTHER WARRANTY OR REPRESENTATION CONCERNING THE PERFORMANCE OF THE PRODUCT OR EXTEND OR ENLARGE THE LIMITED WARRANTY CONTAINED HEREIN.
WITH THE LIMITED EXCEPTION OF THE REMEDIES PROVIDED FOR ABOVE, UNDER NO CIRCUMSTANCES WILL TRANSTEX BE LIABLE FOR ANY INJURIES, LOSSES, OR DAMAGES, INCLUDING INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (EVEN IF TRANSTEX IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES). DAMAGES FOR WHICH TRANSTEX SHALL NOT BE LIABLE INCLUDE, BUT ARE NOT LIMITED TO, ANY LOSS OF REVENUE, LOSS OF PROFIT, OR LOSS OF DATA WHETHER BASED UPON ANY ALLEGED BREACH OF WARRANTY, REPRESENTATION OR CONDITION, CONTRACT, OR ANY OTHER CONDUCT INCLUDING NEGLIGENCE (INTENTIONAL OR OTHERWISE), GIVING RISE TO SUCH CLAIM. TRANSTEX SHALL NOT BE LIABLE FOR ANY CLAIMS MADE BY A THIRD PARTY OR MADE BY CUSTOMER FOR A THIRD PARTY. THIS LIMITED WARRANTY IS NOT TRANSFERABLE. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST TRANSTEX MORE THAN ONE YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION.