The warranty information below is included in Section 7 of Bavis Fabacraft's terms and conditions of sale, and should be considered within the context of the entirety of those terms.
Limited Warranty: Unless otherwise agreed by Purchaser and Bavis in writing or as expressly provided in Section 3 above, the Products and Parts warranty in this Section 7 applies solely to Purchaser and is not transferrable or assignable by Purchaser to a third party, successor or assign. Bavis warrants to Purchaser during the applicable Warranty Period (as defined below) that the Products and/or Parts are free of material defects in manufacturers' material and workmanship (the “Warranty”). The “Warranty Period” is, as applicable: (a) one (1) year from the date of Purchaser’s purchase of the Products, in the case of Products except electrical and electronic Products; and (b) ninety (90) days after the date of Purchaser’s purchase of the Products in the case of electrical and electronic Products; and (c) ninety (90) days after the date of Purchaser’s purchase of the Parts. If Purchaser has a Warranty claim under this Section 7, Purchaser shall notify Bavis in writing during the applicable Warranty Period, and Bavis, as its sole obligation and Purchaser’s sole remedy, shall repair or replace any defective Part or Parts in the Products or repair or replace the Parts which are defective. Purchaser acknowledges and agrees that Bavis is not an insurer and shall not be liable for any direct, incidental, or consequential loss or damage arising out of the failure of the Products or Parts to operate. Final decision as to whether a Product or Part is defective shall be made by Bavis in its sole reasonable discretion. This Warranty does not apply to Products or Parts that have been subjected to abnormal use, abuse, negligence, accident, tampering with or repairs made other than by persons authorized by Bavis, damages arising from installation and/or on-site maintenance services performed by Purchaser, the Service Providers (as defined below) and/or other third parties, and/or defects or damages caused by accidents or natural events such as fire, flood, lightning, hurricane, tornado, windstorm, sandstorm, wind-blown debris, earthquake, hail, volcanic eruption or any other similar events. EXCEPT FOR THE WARRANTY SET FORTH IN THIS SECTION 7, BAVIS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.