Warranties and Recourses
AF warrants that at the time of delivery for shipment: (a) Products delivered shall be free of defects in workmanship and material and conform to any product descriptions that are made a part of the Order and (b) custom Products delivered shall conform to any specifications that are made a part of an Order and accepted by AF in writing. EXCEPT AS PROVIDED IN THE PRECEDING SENTENCE, AF MAKES NO WARRANTY REGARDING PRODUCTS DELIVERED HEREUNDER AND DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHETHER CREATED BY CONTRACT OR BY OPERATION OF LAW, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTY OF QUALITY THE WARRANTIES MADE HEREIN ARE MADE SOLELY TO PURCHASER AND SHALL NOT EXTEND TO OR BE ASSIGNABLE TO PURCHASER’S CUSTOMERS.
For new and unused Products, Purchaser must promptly notify AF, in writing, of any defect in the Product within (7) days of reception. Photos and an inspection may be required before making a final determination of the claim. Claims for damages or delays occurred during transit or unloading of product are not covered under this Limited Warranty and must be made directly to the freight companies.
The term of the warranties set forth by this Section will be the longer of: (a) the maximum term allowed by applicable law; or (b) sixty (60) months from date of invoice for the Afra Modern and Healthcare collections and twenty-four (24) months from the date of invoice for the Contemporary, Elegant and Danish and Tables collections.
For Products under warranty, AF’s liability is limited to the repair and / or replacement of the defective Product as determined by AF. Purchaser shall bear all costs of transporting the non-conforming product (or part) back to AF for repair or replacement and then from AF back to Purchaser.
Any reimbursement for repairs made locally must be approved, in advance and in writing, by AF.
AF’s obligation to repair or replace is expressly conditioned on Purchaser obtaining written return authorization from AF prior to returning such non-conforming Product.
AF shall not have any warranty obligations where the Product (or any part thereof) has been subjected to alteration, misuse, abuse or improper storage by Purchaser or end users or due to wear and tear or changes in wood color due to the natural aging of the wood. Unless AF expressly agrees in writing in advance, no set-off, compensation, allowance or credit shall be allowed for any non-conforming Product. The repair or replacement recourse as set forth in this paragraph shall be Purchaser’s sole and exclusive recourse for non-conforming products delivered hereunder or claims under warranty.
Limitation of Liability
IN NO EVENT SHALL AF BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, RENTAL REPLACEMENT COSTS, REPAIR COSTS NOT AUTHORIZED BY AF OR ATTORNEY’S FEES ARISING OUT OF ANY ORDER OR THE PRODUCTS SOLD THEREUNDER, WHETHER ARISING IN CONTRACT, EXTRA-CONTRACTUALLY, OR OTHERWISE, INCLUDING STRICT LIABILITY, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT AND PRODUCT LIABILITY CLAIMS. IN NO EVENT SHALL AF’S AGGREGATE LIABILITY TO PURCHASER WITH RESPECT TO ANY PRODUCT DELIVERED PURSUANT TO ANY ORDER EXCEED THE AGGREGATE COMPENSATION PAYABLE TO AF HEREUNDER FOR THE PRODUCTS COVERED BY SUCH ORDER.