BAMBOO FENCING WARRANTY
A) LIMITED WARRANTY
1. Newtrend Corporation warrants Bamboo Fencing for 10 years provided it
is used under normal conditions.
2. All obligations of and conditions imposed on Buyer under this Limited
Warranty shall be deemed material terms of this Limited Warranty and any
violation or failure to comply by Buy shall relieve Newtrend Corp from all
oblications hereunder.
B) LIMITATION OF LIABILITY
1. If Newtrend Corporation determines that the smart post boot failed to perform
as warranted herein and that buyer as compelled with all of its obligations
hereunder, Newtrend Corporation will, subject to the limitations listed below,
at its sole option, either (a) repair the existing Bamboo Fencing Sleeve or Boot
to which it was applied by any method selected by Newtrend Corporation; (b)
replace the Bamboo Fencing Sleeve in kind or (c) refund the Buyer (i) the price
paid for the non-conforming Bamboo Fencing Sleeve (“Sale Price”) in full if the
warranty claim is made during the first twenty (20) years of this warranty, or
(ii) a prorated portion of the Sale Price if the warranty claim is made after
the first twenty (20) years of this warranty. During the first year of the
prorated period, the prorated refund, if elected by Newtrend Corporation will
equal fifty (50) percent of the Sale Price, and thereafter will decrease by five
percent (5%) of the Sale Price, at which percentage of the Sale Price is
prorated refund shall remain for the balance of the warranty. Newtrend
Corporation’s total liability under this limited lifetime warrantee is expressly
limited to a prorated portion of the Sale Price of the non-conforming
Bamboo Fencing Sleeve.
2. Except for providing repairs, replacements Bamboo Fencing or refunds in
accordance with Paragraph B.1 above and as limited by the other terms and
conditions of this Limited Warranty, Newtrend Corp SHALL NOT BE LIABLE FOR ANY
OTHER EXPENSES, CLAIMS OR DAMAGES OF ANY KIND HOWSOEVER CAUSED, INCLUDING
(WITHOUT LIMITATION) ANY LABOUR OR OTHER INSTALLATION OR PROTECT REPLACEMENT
COST AND/OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES.
C) EXCLUSIVE WARRANTY:
1. THE EXPRESS WARRANTIES AND REMEDIES STATED HEREIN ARE THE EXCLUSIVE
WARRANTIES AND REMEDIES APPLICABLE TO THE PRODUCTS. ALL IMPLIED WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, ARE EXPRESSLY EXCLUDED.
THE BUYER HAS READ, UNDERSTOOD AND, BY PURCHASING THIS PRODUCT, AGREES TO BE BOUND BY THE ABOVE TERMS AND CONDITIONS.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.