Limited Warranty and Exclusions. F.A.C.T. warrants products manufactured and sold by it will be free from defects in material and workmanship at time of delivery. This warranty extends only to the original purchaser from F.A.C.T. or a F.A.C.T. authorized commercial reseller. Any product defect must be reported to F.A.C.T. within thirty days following delivery to the purchaser and the product promptly made available to F.A.C.T. for inspection upon request. The purchaser’s sole remedy in the event of defect shall be replacement of the defective product with new comparable product without charge to the purchaser with shipping to be paid by F.A.C.T.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PURCHASER ACKNOWLEDGES THAT IT IS NOT RELYING ON F.A.C.T.’S SKILL OR JUDGMENT IN SELECTING PRODUCT SUITABLE FOR A PARTICULAR PURPOSE. F.A.C.T. SHALL HAVE NO RESPONSIBILITY FOR PRODUCT USED OR INSTALLED OTHER THAN IN ACCORDANCE WITH F.A.C.T.’S INSTRUCTIONS. F.A.C.T. MAKES NO WARRANTIES IN RESPECT TO PRODUCT NOT MANUFACTURED BY IT. THE PURCHASER OF THE PRODUCT EXPRESSLY WAIVES ANY RIGHT IT MIGHT HAVE TO CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM A DEFECT OR OTHERWISE. ANY ACTION OR ARBITRATION CONCERNING THE PRODUCT MUST BE BROUGHT IN SEDGWICK COUNTY, KANSAS. THE LIMITED WARRANTY PROVIDED HEREBY IS PURCHASER’S SOLE AND EXCLUSIVE REMEDY.