Limited and Exclusive Warranty Be Shine Textile Inc.
("Manufacturer/Distributor") warrants that for a period of seven years from the date of shipment of the wall-fabric products ("Products"), that the Products shall be free of manufacturing defects. The purchaser must inspect and confirm the packaging is intact without damaging before shipping. Products should not support the growth of mildew when Products are properly printed or embroidered or knitted, and installed on the surface of the wall following the recommended preparation and handling procedures outlined in the product guidelines and are adequately maintained and used under normal conditions. Be Shine Textile Inc. Limited and Exclusive Warranty is not assignable or transferable and extends only to purchasers who are the owners of the products. This warranty does not cover and expressly excludes any damage, loss, cost, defect or deficiency arising out of or relating to:
- accident, abuse, misuse or vandalism;
- mold or mildew;
- use of incompatible materials, accessories or supplies;
- abnormal conditions of use, including use on walls subject to moisture infiltration or accumulation;
- improper storage, handling, installation, or maintenance;
- design, installation or construction defects and/or deficiencies of any kind or nature;
- fire, flood or other acts, omissions, causes or events beyond Be Shine Textile Inc.’s control;
- wall-fabric that has been altered by anyone other than Be Shine Textile Inc.; or
- any other loss, cost, damage, defect or deficiency not within the scope of this limited and exclusive warranty.
THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY BE SHINE TEXTILE INC. WITH RESPECT TO THESE PRODUCTS. ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES CLAIMED TO ARISE FROM TRADE USAGE, CUSTOM OR COURSE OF DEALING.
Be Shine Textile Inc. shall supply replacement products free of charge, except for shipping cost which is not covered by the warranty, if Be Shine Textile Inc. determines upon inspection that any Products fail to conform to this warranty. The foregoing constitutes the SOLE AND EXCLUSIVE REMEDY for breach of this warranty. IN NO EVENT WILL Be Shine Textile Inc. OR IT’S DISTRIBUTORS BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE. THIS LIMITED AND EXCLUSIVE WARRANTY SHALL SUPERSEDE AND CONTROL ANY OTHER REPRESENTATIONS AND/OR WARRANTIES WITH RESPECT TO THIS PRODUCT. IN NO EVENT SHALL Be Shine Textile Inc.’s LIABILITY EXCEED THE PURCHASE PRICE AND/OR INVOICED VALUE OF THE GOODS.
All claims under Be Shine Textile Inc.'s Limited and Exclusive Warranty must be submitted, in writing, to your supplier, within thirty (30) days after Buyer discovers and/or should have discovered the alleged defects. Be Shine Textile Inc. shall then be provided a reasonable opportunity to examine the allegedly nonconforming Products and verify any such defect before its use or further processing.
FAILURE OF BUYER TO COMPLY WITH THESE NOTICE PROVISIONS SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT THERETO.