ECS warrants its products to be free from material and workmanship defects when utilized in a reasonable and prudent manner for a period of ninety (90) days after date of shipment by ECS, provided that claims under this warranty must be received in writing by ECS within that ninety (90) day period, or coverage will be denied. Upon receipt of timely notice of a warranty claim, ECS will authorize the return of the affected cases or arrange for inspection at the customer’s facility. Location of inspection shall be at the discretion of ECS. ECS will determine if the defect is the result of workmanship or material or the result of forces or actions outside the terms of this warranty. If the defect is within the terms of this warranty, ECS will at its options, repair or replace the affected containers and return them to the customer within a reasonable time frame. When this is the situation, ECS will pay both in and outbound freight by the best way, surface routing. If ECS is not able, within a reasonable period of time, to repair or replace any product to a condition as warranted, the customer shall be entitled to a refund of the purchase price upon return of the product to ECS.
If ECS determines that the defect or damage is outside the conditions of this warranty, it will recommend action to the customer. The customer will be responsible for in and outbound freight and the cost of repairs, replacement and/or disposition of the damaged goods. No goods will be accepted by ECS without the issuance of a Receiving Authorization (RA) number by ECS. All goods returned for warranty service must be shipped prepaid UNAUTHORIZED COLLECT SHIPMENT(S) WILL NOT BE ACCEPTED BY ECS RECEIVING. If the determination is made that the defect is with the terms of this warranty, ECS will credit the customer for inbound freight charges. ECS reserves the right to determine the method of return shipment. Failure to comply with these conditions may result in ECS refusal of shipment and/or refusal of freight charges.
Limitations of Express Warranty
The foregoing warranty does not apply to defects resulting from 1. Improper or inadequate maintenance by the customer. 2. Buyer-supplied parts or equipment. 3. Unauthorized modifications or misuse. 4. Use Outside of parameters and specifications as defined at the time of sale.
There are no warranties which extend beyond the express terms of the warranty set forth herein. ECS expressly disclaims any and all implied warranties of merchantability or fitness for a particular purpose.
Limitation of Liability
Buyer agrees that special, incidental or consequential damages shall be available as against ECS. Buyer further agrees that ECS’s maximum liability to buyer, whether based on contract, tort or any other Legal theory, shall be for the amount of the purchase price; and further agrees that such amount is reasonable in the light of anticipated or actual harm arising from any breach.