1 Year Material Only Limited Warranty
The terms and requirements of this Limited Material Warranty (“Warranty”) apply to Blair Sales Inc. (“Blair”) and the Owner of the equipment into which the Blair products have been installed (“Owner”).
Blair hereby provides the remedies set out in this Warranty to the Owner of the equipment (“Equipment”) into which Blair products have been installed as a lining system (“Lining System”) during the one year warranty period commencing on the completion of the installation of the Lining System (“Warranty Period”) in the event of (a) ply blisters causing delamination (b) loss of seal as manifested by vessel leakage due to permeation of the Owner’s product contained in the Equipment (“Product”) and lining imperfections other than cosmetic imperfections; in each case a “Defect”, but only where such Defect results solely from a manufacturing defect in the Lining System, and subject to the conditions and limitations listed herein. This Warranty is applicable only to Lining Systems purchased directly from Blair or from Blair’s authorized distributors. This Warranty shall only apply to Lining Systems if (a) properly installed in accordance with Blair published specifications and application recommendations in effect at the time of the Lining System application (“Proper Installation”); (b) properly operated and maintained in accordance with Blair’s published requirements in effect from time to time during such period of operation, used only to store products which are compatible with the Lining System, and not subjected to conditions outside of the proper operating conditions set out in Blair’s published requirements or guidelines from time to time (collectively “Proper Operation”). It is solely the Owner’s responsibility to test and determine the suitability of the Lining System for any intended use, and although Blair may have recommended a Lining System at Owner’s request, the Owner assumes all risk and liability whatsoever regarding the Lining Systems’ suitability for the Owner’s purposes or any other intended use.
REMEDIES; LIMITATION OF LIABILITY
During the Warranty Period, Blair shall pay the reasonable costs for the material required to replace the defective Lining System or portions thereof, as the case may be, less any costs previously incurred by Blair for the replacement of the Lining System.
MODIFICATION OF WARRANTY
1. THIS WARRANTY REPLACES ALL OTHER ORAL OR WRITTEN WARRANTIES, LIABILITIES OR OBLIGATIONS OF BLAIR OF ANY NATURE WHATSOEVER. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THOSE SET OUT HEREIN. BLAIR WILL NOT BE LIABLE FOR ANY ORAL STATEMENT OR OTHER WRITTEN STATEMENT ABOUT THE LINING SYSTEM, WHETHER SUCH STATEMENTS ARE MADE BY AN AGENT OR EMPLOYEE OF BLAIR OR BY ANY OTHER PERSON, OTHER THAN THE PRESIDENT OF BLAIR. BLAIR DOES NOT AUTHORIZE ITS REPRESENTATIVES, DISTRIBUTORS, AGENTS OR EMPLOYEES TO MAKE ANY CHANGES OR MODIFICATIONS TO THIS WARRANTY.
2. The provisions of this Warranty are in addition to and not derogation from the statutory warranties, rights and remedies, if any, contained in any applicable consumer protection legislation.
1. To obtain protection under this Warranty, the Owner shall notify Blair in writing by certified mail within 30 days following the discovery of the warranted defect. Upon request by Blair, the Owner shall submit representative samples of the Product which it alleges is defective, for Blair’s inspection. If requested by Blair, the Owner shall provide free access to the Equipment for agents or employees of Blair to inspect the Lining System and Equipment, and shall be responsible at Owner’s expense to clean the inside of the Equipment to allow for an inspection by Blair or its agents. The Owner must provide proof of purchase to substantiate the original date of the Lining System installation. No action for breach of this Warranty shall be brought later than one (1) year after any cause of action has accrued.
2. The Owner must provide Blair, upon request and prior to any inspection, copies of all operating records and installation documentation (including without limitation documentation of the cure process, including a temperature log) to substantiate the Proper Installation and Proper Operation of the Lining System, and shall provide written certification to Blair verifying the Proper Installation and Proper Operation of the Lining System and the Equipment.
3. The Owner must prove that the Defect has resulted solely from the defectively manufactured Lining System and from no other cause.
CONDITIONS AND EXCLUSIONS
1. Blair will have no obligation under this Warranty until such time as Blair, any third-party installer of the Lining System, and any suppliers have been fully paid for all installation services, supplies and materials.
2. Blair will have no obligation under this Warranty in the event of Owner’s failure to maintain complete operating records and installation documentation as set out above and timely provide copies thereof to Blair, or in the event Owner fails to timely provide written certificate to Blair or timely access to Blair for an inspection of the Lining System and Equipment.
3. Blair’s liability shall apply only to Defects resulting solely from the defectively manufactured Lining System and from no other cause. Without limiting the generality of the foregoing, Blair shall have no liability for any damage resulting from:
a) installation which does not constitute Proper Installation, including without limitation improper cure of the Lining System not in in accordance with Blair’s published requirements or specification, or failure to keep proper documentation of the cure process, or failure to properly store the Lining System components in cold storage if installation is delayed beyond thirty (30) days from delivery of the Lining System components; or
b) maintenance and operation of the Equipment and Lining System which does not constitute Proper Operation, including without limitation, failure to keep the Equipment at least partially filled with Product, failure to take reasonable care to maintain the Lining System in accordance with Blair published maintenance requirements and supplementary instructions issued by Blair from time to time, failure to make any repair, whether or not covered by this Warranty, prescribed by Blair pursuant to its inspection of the Equipment, or improper storage and/or handling by Owner including the storage of any products which are incompatible with the Lining System, or generally any exposure to conditions outside of the proper operating conditions specifi ed by Blair from time to time; or
c) any repair to the Lining System which is not authorized or consented to by Blair in writing, except emergency repairs performed by Owner’s maintenance crew to control a Defect; or
d) blisters between the substrate and the Lining System; or
e) blemishes which are cosmetic in nature; or
f) structural defects, settlement, distortion, cracking, or other failure of the Equipment or substrate on which the Lining System is installed; or
g) any damage if the Equipment or substrate is altered after the Proper Installation of the Lining System, except where a written request has been sent to Blair in advance of such alterations, and such alterations are performed by an approved contractor, and Blair provides written permission for such alterations; or
h) any damage caused by lightning, gale, hurricane, tornado, tempest, ice storm, hailstorm, earthquake, fl ood, fi re, explosion, impact of foreign objects or agents (including animal and plant life) or from abuse or mistreatment of the Equipment and/or the Lining System, civil insurrection, war, riot, vandalism.
4. In furtherance of and not in limitation of the foregoing, Blair will have no liability under this Warranty for:
(a) any damage to the interior or exterior of any building or any property contained therein;
(b) any costs incurred for repair or replacement not authorized in writing by Blair;
(c) any damage caused by any cause other than a manufacturing defect; or
(d) any costs related to disposal.
5. In all cases, the replacement Lining System or portion thereof is warranted only for the remainder of the original warranty period.
6. Blair reserves the right to discontinue or modify any of its products, without notice to the Owner and shall not be liable to the Owner as a result of this modification or discontinuance. Blair will have no liability in the event that replacement material may vary in color in comparison to the original product as a result of product changes or normal weathering.
7. THIS WARRANTY DOES NOT INCLUDE ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR OTHER ECONOMIC LOSS, OR PUNITIVE DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
8. MANDATORY BINDING ARBITRATION: Every claim, controversy or dispute of any kind whatsoever (each an “Action”) between the Owner and Blair (including any of Blair’s employees and agents) relating to or arising from the Lining System or this Limited Warranty shall be resolved by final and binding arbitration regardless of whether the action sounds in warranty, contract, statute or any other legal or equitable theory. The Owner and Blair agree that any action will be arbitrated on an individual basis and that no claim(s) will be consolidated or aggregated with the claim(s) of any other person by class action or class arbitration in a representative capacity or otherwise. To arbitrate an action against Blair, the Owners must initiate the arbitration in accordance with the Federal Arbitration Act to be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association. The Owner must commence the arbitration and provide written notice to Blair by certified mail to Blair’s corporate headquarters at 6 Denny Road, Suite 200, Wilmington, DE. 19809, within the applicable time period prescribed above in Section 1. If the Owner prevails on its claim in the arbitration, Blair will reimburse the Owner for any fi ling and administrative fees paid by the Owner to the arbitration organization. Some jurisdictions do not allow mandatory arbitration, so the above arbitration provision may not apply to the Owners in those jurisdictions. An Action may also be referred to another arbitration organization if the Owner and Blair agree in writing. Blair will not elect arbitration for any Action the Owner files in court in which the Owner agrees not to seek to recover more than $25,000, including attorneys’ fees and costs, so long as the claim is individual and pending only in that court. The Owner may also reject this arbitration provision by notifying Blair in writing within 45 days after the installation of the Lining System. If any portion of this arbitration provision is not enforced in the arbitration, then either the Owner or Blair can file a lawsuit in court to adjudicate the arbitrability of the Action and the enforceability of the portion of the arbitration provision at issue.
9. The unenforceability of any provision stated herein will not affect the enforceability of any other provision which will remain in full effect.
10. Owner agrees to accept this Warranty as part of its purchase of the Lining System. This Warranty will be governed by the laws of the State of Delaware, excluding its conflicts of laws principles. The parties agree that all actions arising under this Warranty to the extent not governed by the arbitration provision shall be brought in the courts in New Castle County, Delaware.