SST Manufacturing LLC Limited Warranty
1. SST Manufacturing LLC dba Houston Custom Foam (“Company”) warrants to the original consumer (”Purchaser”) that the custom foam case liner (the “Liner”) will be free from defects in workmanship and materials for a period of one (1) year from the date of purchase. These warranties are not assignable or transferable to any other person.
2. Any damage or loss to the Liner as a result of misuse, abuse, mishandling, negligence, neglect, accident, modification, damage resulting from exposure to moisture and/or condensation, unauthorized service, destruction, or use that violates the instructions furnished by the Company will void this warranty.
3. The sole responsibility of the Company shall be limited to the repair or replacement (in its sole discretion) of any component of Liner which fails to conform to this warranty at no cost to the purchaser for a period of one (1) year from the date of original purchase.
4. In no case shall the Company be liable for any direct, indirect, incidental, special, or consequential damages based upon breach of warranty, breach of contract, negligence, strict tort, or any other legal theory. Such damages include, but are not limited to, loss of profits, loss of savings or revenue, loss of the contents of the Liner, loss of use of the Liner, or any associated equipment, cost of capital, cost of any substitute equipment, facilities or services, downtime, the claims of third parties including customers, and injury to property.
5. Any implied warranties which the Purchaser may have are limited to the duration of the warranties described above. There are no further warranties which extend or apply beyond the face hereof, and the company expressly disclaims and excludes any and all warranties of merchantability or fitness for a particular purpose.
6. This agreement is understood to be the complete and exclusive agreement between the parties, superseding all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this agreement. No employee of the Company or any other party is authorized to make any warranty in addition to those made in this agreement.
THIS WARRANTY PERTAINS ONLY TO THE LINER ITSELF, AND DOES NOT EXTEND TO THE CONTAINER ITSELF, OR CONTENTS OF THE LINER. THE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH EXTENDS BEYOND THE WARRANTY SPECIFIED ABOVE, AND IN NO EVENT SHALL THIS WARRANTY BE DEEMED TO COVER INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.
Any claims arising from this limited warranty shall be resolved in the State of Texas and Texas law will apply to any dispute.