| J. Josephson warrants to the purchaser that for a
period of five years after delivery our vinyl wallcovering products
will be free of manufacturing defects, will conform to our published
specifications and will not separate from backing or exhibit bleeding
or staining caused by defects in the products. Purchaser's sole and
exclusive remedy shall be replacement of defective product or refund
of the purchase price, at J. Josephson's option.
This limited warranty does not cover and expressly excludes any
claim, damage, loss or expense arising out of or relating to: (a)
accident or vandalism; (b) abuse, misuse or unapproved use of the
product; (c) installation contrary to the Hanging Instructions and
good installation practices; (d) mold or mildew; (e) abnormal conditions
of use; (f) improper maintenance or failure to maintain; (g) improper
storage, handling or shipment; (h) use of incompatible adhesive,
materials, tools or equipment; and (i) design, installation or construction
deficiencies of any kind or nature.
THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN
BY J. JOSEPHSON WITH RESPECT TO THIS PRODUCT. ALL OTHER REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED, INCLUDING
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR CLAIMED TO ARISE FROM COURSE OF DEALING OR USAGE AND
TRADE PRACTICE.
In no event will J. Josephson be liable for indirect, consequential,
special or exemplary damages, whether based in contract, tort, strict
liability, warranty or otherwise. This exclusive warranty shall
supersede and control any other representations and warranties with
respect to this product.
|