Warranty/Terms and Conditions
LIMITED WARRANTY: There are no warranties which extend beyond the general product description for plastic sheet, and the seller (GEM Plastics) MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF FITNESS FOR ANY PARTICULAR USE, MERCHANTABILITY, OR OTHERWISE WITH RESPECT TO THE PRODUCT, whether used singly or in combination with other substances or materials. It is the Buyer’s responsibility to determine the suitability of the material for any particular purpose or application. Additionally, the Seller makes no warranty as to performance of the Product in any particular environment. It is the responsibility of the Buyer to determine if the Product is suitable for any specific environment.
INSPECTION AND RETURN: The Buyer shall inspect and test the Product delivered hereunder for damage, defect, or shortage immediately upon receipt at the Buyers plant or other location as determined by the Buyer and provide the Seller notice of any such damage or shortage within fifteen (15) days of receipt. Once a material has been cut, sawed, or machined it cannot be returned for credit and must be paid for. Any claims of shortage must be supported by certified scale tickets and the Seller shall have an opportunity to have an independent weighing. All claims for any cause whatsoever, whether based on contract, negligence or other tort, strict liability, breach of warranty or otherwise, shall be deemed waived unconditionally and absolutely unless Seller receives written notice of such claim not later than ninety (90) days after Buyer’s receipt of Product as to which such claim is made. Defective or nonconforming Product shall, if returned at the Buyer’s cost in accordance with the returned product process, be replaced by Seller without additional charge, or in lieu thereof, at Seller’s option, Seller may refund the purchase price upon return of such Product at Seller’s expense, and such refund or replacement shall constitute Buyer’s sole and exclusive remedy. No Product may be returned to the Seller without receiving an approved “Return Authorization Form” from the Seller prior to shipment.
LIMITATION OF LIABILITY: Notwithstanding the above and regardless of the circumstances, Seller’s total liability to the Buyer for any and all claims, losses, or damages arising out of any cause whatsoever, whether based in contract, negligence or other tort, strict liability, breach of warranty or otherwise, shall in no event exceed the purchase price of the Product in respect to which such cause arose. In no event shall Seller be liable for special, incidental, consequential or exemplary damages (including, but not limited to, lost profits, lost revenues, or loss of business). Any cause of action that Buyer may have against Seller and which may arise in connection with the transaction(s) specified herein must be commenced with two (2) years after the cause of action has accrued.