Warranty

14. Warranty. (a) The Seller warrants that the items sold hereunder shall be
free from defects in material or workmanship at the time of shipment by the
Seller. The Seller warrants that if within 12 months of delivery of the goods to
the Buyer the Buyer returns immediately to the Seller’s premises any of the said
goods which the Buyer believes to be defective, carrier paid, properly packed
and clearly marked with the Buyer’s full name and address and any other
information such as serial numbers which may be necessary to enable the goods
to be identified, together with a complete description of the respects in which it
is alleged that the goods are defective, they will be repaired or new goods will
be supplied in exchange and the goods so repaired or such new goods will be
delivered to the Buyer free of charge at the Seller’s premises provided that the
foregoing warranty shall only be applicable if upon demand by the Seller, the
Buyer proves to the Seller’s satisfaction: (i) that the defect was due solely to
defective workmanship; (ii) that no alterations or repairs have been made to
the goods except with the Seller’s written consent; (iii) that the defect was not
caused by
any act of the Buyer or its agents; and (iv) that the defect was not
caused by any matter beyond the reasonable control of the Seller, including,
without limitation, accident or normal wear and tear. (b) For John Guest PEI,
MWI and PSEI Series Plumbing products and Speedfit PEX Pipe only, the
warranty period contained in sub-paragraph (a) may be extended to 300 months
(25 years) from date of delivery of the goods to the Buyer provided that, in
addition to all other requirements, Seller’s products are: (i) used in domestic
plumbing applications; (ii) Installed by a Licensed Contractor, Plumber or
qualified equipment installation professional; and (iii) Installed and operated in
accordance with published John Guest technical specifications. (c) All costs and
expenses, including freight charges, customs duties, and insurance incurred in
returning the goods to the Seller’s premises in accordance with this provision
shall be paid by the Buyer. The benefit of this warranty shall not be assignable by
the Buyer. (d) The warranty contained in sub-paragraphs (a) and (b) above does
not extend to any goods not manufactured by the Seller even though supplied
by the Seller nor does it extend to any second-hand or reconditioned
goods nor
does it extend to components manufactured by the Seller but installed, attached
or welded by the Buyer or his customer on equipment not manufactured by the
Seller. Goods not manufactured by the Seller carry only the warranty (if any)
of their makers and the Buyer is entitled to the benefit thereof only so far as
the Seller has the power to transfer it. (e) This warranty comprises the sole
and entire warranty pertaining to items provided hereunder; the Seller makes no
other warranty, guarantee, or representation of any kind whatsoever. All other
warranties, including but not limited to, merchantability and fitness for purpose,
whether expressed or implied, or arising by operation of law, trade usage, or
course of dealing are hereby disclaimed. (f) Notwithstanding the foregoing,
there are no warranties whatsoever on items built or acquired wholly or partially
to the Buyer’s designs or specifications.