1. Guarantee: Equipment manufactured by Top Product
Innovations, hereby known as "TPI," is warranted by TPI to
be free from defects, workmanship or materials for a period
of two (2) years from the date of product installation. The
foregoing warranty shall not apply to equipment altered
or repaired after shipment, by any person not authorized
by TPI, and TPI shall in no event be liable for any alterations
or repairs made without its written consent.
In addition: A) The equipment must be installed and
operated in accordance with TPI's instructions and
literature. B) Guarantee applies only to parts/items
defective when shipped from the factor. If a part is found to
be defective when shipped, whether defect is immediately
apparent or discovered during Guarantee period, through
proper use of the equipment, TPI, at its option, will repair
the part, furnish a replacement part, or issue a credit
memorandum. C) Guarantee applies to parts only, FOB
factory and specifically excludes labor to remove and
install replacement parts. D) It shall be the sole decision
of TPI to have defective products shipped to their facility
for evaluation or disposal. Customers returning products
found not to be defective shall be charged accordingly for
material and shipping costs.
2. Disclaimer of warranties: The foregoing obligations are
in lieu of all other obligations and liabilities including all other
warranties expressed or implied, including any warranty
of merchantability or fitness for particular application or
purposes, which are hereby expressly excluded. In no event
shall TPI be liable to the customer for any direct, collateral,
incidental, consequential, or exemplary damages in
connection with the customer's use or operation of the
equipment, or for any other cause whatsoever relating to
the equipment or its installation. This warranty does not
cover any incident related to mold, bacteria, virus, or toxic
gas. Customer acknowledges and represents to TPI that
no employee, agent, or representative of TPI has made any
warranty or representation regarding the merchandise,
except as set out in paragraph 1, above.
3. Limitation of remedy: Neither TPI nor its representatives
shall be liable to customer or anyone else, for any liability,
claim, loss, damage, or expense of any kind, or for any
direct, collateral, incidental, consequential, or exemplary
damages relative to, arising from, caused directly or
indirectly by the equipment, its installation, or the use
thereof or any deficiency, defect or inadequacy of the
equipment and it is expressly agreed that the customer's
exclusive remedy for any cause of action related to the
purchase, installation, and/or use of the equipment shall
be for damages and TPI's liability for any and all losses or
damages resulting from any cause whatsoever, including
without limitation negligence, strict liability, any other
tort, breach of contract and breach of the warranty shall
in no event exceed the purchase price of the equipment in
respect to which the claim is made, or at the election of TPI
the restoration, replacement, or repair of such equipment.
4. Freight and risk of loss: Unless otherwise stated, (A) All
equipment is sold FOB factory and (B) Customer has title to
the equipment, and the risk of its loss or damages is on the
customer, from and after the time the equipment leaves the
manufacturing facility, (delivery/dispatch may be made
in one lot or in several lots at TPI's option, and when made,
in several lots, invoices will be issued by TPI representing
approximately the price of each lot and the amount of any
such invoices will not be disputed as long as the total of the
invoices does not exceed the total contract price.
5. Technical Advice: Upon request, TPI will furnish
technical advice to the customer regarding the use of
the equipment, but only on the understanding that TPI
assumes no obligation or liability for such advice or the
results obtained therefrom and that such advice is given
and accepted at customer's risk.
6. Taxes & Duties: Unless otherwise stated, the purchase
price does not include taxes and duties. The customer
agrees to reimburse any tax or duty incurred by TPI, upon
the sale, transportation, or purchase of the equipment sold
hereunder.
7. TPI hereby reserves the right to make without notice
such minor modifications in specifications, designs, or
materials as may be deemed necessary or desirable by
exp e r i en ce .
8. The purchaser shall not assign or in any way transfer any
of its rights or obligations hereunder to any other person(s),
firm or company without the prior written consent of TPI.
9. This agreement shall be governed and construed in
accordance with the state of North Carolina. Both parties
also agree to submit to the exclusive venue and jurisdiction
of the courts of the state of North Carolina for any litigation
pertaining to this agreement.
10. Modification: Any claim by customer that the parties
have modified the above terms shall be ineffective to
create additional different obligations of TPI unless such
modification is in writing and signed by an authorized
representative of TPI.
11. If any provision of this agreement, including any
limitation of liability, is held invalid or unenforcible by any
court of competent jurisdiction, the other provisions of this
agreement will remain in force and effect. Any provision
of this agreement held to be invalid or unenforceable
only in part or degree will remain in full force and effect to
the extent not held invalid or unenforceable. At the time
of placement of order by customer to TPI, the customer
indicates acceptance of the above terms as the sole
and exclusive terms of the agreement between TPI and
customer.
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