Limited Product Warranty
LIMITED PRODUCT WARRANTY, ARTWORK & OVERRUNS
HYLINE SAFETY warrants that all goods will be free from defects in materials and workmanship for a period of 30 DAYS from the date of receipt of shipment of a good.
PRODUCT WARRANTY LIMITATIONS
NO CONSEQUENTIAL DAMAGES
Under no circumstances whatsoever shall HYLINE SAFETY and Purchaser be liable to each other for any indirect, special, or consequential damages, whether foreseeable or unforeseeable and whether based upon lost goodwill, lost resale profits, loss of use of money, work stoppage, impairment of other assets, or otherwise and whether arising out of breach of warranty, breach of contract, strict liability in tort, negligence, misrepresentation, or otherwise, except only in the case of personal injury where applicable law requires such liability.
PATENT, COPYRIGHT AND TRADEMARK INDEMNITY
In the event that a good supplied by HYLINE SAFETY is claimed to directly infringe a United States patent, copyright or trademark or a foreign patent, copyright or trademark corresponding thereto in effect at the time HYLINE SAFETY issues its invoice or written acknowledgment of the order, then Purchaser shall permit HYLINE SAFETY, at its option and expense, either to (1) procure the right to continue to use such good, (2) replace or modify such good so that the good supplied becomes non-¬infringing, or (3) accept return of such good and reimburse Purchaser for the purchaser price, less a charge for reasonable wear and depreciation. HYLINE SAFETY shall at its expense defend any action against Purchaser based on a claim that a good infringes a United States patent, copyright or trademark or a foreign patent, copyright or trademark corresponding thereto, provided that Purchaser: (1) notifies HYLINE SAFETY promptly in writing of such action, and furnishes copies of all demands, process and pleadings; (2) gives HYLINE SAFETY sole control of the defense thereof (and any negotiations for settlement or compromise thereof); and (3) cooperates in the defense thereof at HYLINE SAFETY’s expense. THE FOREGOING STATES THE ENTIRE LIABILITY OF HYLINE SAFETY FOR INFRINGEMENT CLAIMS AND ACTIONS, AND PURCHASER HEREBY WAIVES ANY RIGHTS THAT IT MIGHT OTHERWISE BE ENTITLED TO IN CONNECTION WITH THE FOREGOING. HYLINE SAFETY shall have no liability to Purchaser for any action or claim alleging infringement based upon any conduct involving: (1) the use of any good in a manner other than as specified by HYLINE SAFETY; (2) the use of any good in combination with other products, equipment, or devices not supplied by HYLINE SAFETY; or (3) the alteration, modification or customization of any good by any person other than HYLINE SAFETY, or by HYLINE SAFETY based on Purchaser’s specifications or otherwise at Purchaser’s direction (regardless of whether such alteration, modification or customization occurs before or after the good is originally shipped by HYLINE SAFETY to Purchaser). In the event of an infringement action or claim against HYLINE SAFETY which is based on any conduct described in the preceding sentence, Purchaser shall indemnify and hold HYLINE SAFETY harmless against all damages, costs or expenses, including reasonable attorneys’ fees paid or incurred by HYLINE SAFETY in connection with such action or claim.
ARTWORK AND OVERRUNS
All artwork submitted by Purchaser is subject to the approval of HYLINE SAFETY. HYLINE SAFETY will notify Purchaser of any additional charges for retouching or reworking and will bill Purchaser at cost for same.
HYLINE SAFETY may utilize custom artwork for purposes of marketing and sales efforts – to include promotion by (1) email (2) PowerPoint slides (3) website promotion (4) other ways as determined by HYLINE SAFETY.
HYLINE SAFETY reserves the right to refuse anything deemed offensive. On custom product orders HYLINE SAFETY reserves the right to ship ten percent over or under the quantity ordered.