Limited Warranty &
Disclaimer
HERZOG VENEERS, INCORPORATED ("Herzog Veneers")
makes the following limited warranties to its original purchaser and to no other
purchaser or transferee.
Limited Fifteen (15) Day Warranty:
Herzog-Veneers warrants its products for a period of fifteen (15) days
after delivery to the original purchaser (the "Warranty Period") to be free from
defects in workmanship at the time of delivery to the original purchaser and to
be the natural wood species set forth in the original purchaser's purchase order.
During the Warranty Period, Herzog Veneers, at its option, will either replace defective
product without charge or refund the purchase price paid for defective product.
The original purchaser must inspect the products purchased upon delivery.
All shipments over fifteen (15) days cannot be returned for credit and is
the property of the purchaser. A re-stocking charge of 25% will be charged for returned
material not falling into warranty parameters and cannot be returned without written
authorization. If any portion of a veneer shipment has been 'worked' or cut on by
the purchaser, then the complete invoiced amount of the shipment is the property
of the purchaser and cannot be returned.
Warranties Exclusive:
IF HERZOG VENEERS PRODUCT DOES NOT CONFORM TO THESE LIMITED WARRANTIES,
THE PURCHASER'S SOLE REMEDY IS REPLACEMENT OF DEFECTIVE PRODUCT OR REFUND OF THE
PURCHASE PRICE PAID FOR DEFECTIVE PRODUCT, AT HERZOG VENEERS'S OPTION. THE FOREGOING
LIMITED WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION BY LAW, STATUTORY OR OTHERWISE,
INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH
ARE EXCLUDED.
Limitation of Liability:
Wood
veneer owes its inherent beauty to variations in grain, color, texture and pattern
occurring as a result of nature, dye lot, exposure to light, and aging. The type
and application of glues, adhesives, finishes and other chemicals to wood veneer,
changes in humidity and temperature, improper handling, exposure to natural and
artificial light, and other conditions may adversely affect wood veneer, cause warpage,
checking, cracking, fading, darkening or discoloration and cause other unwanted
conditions.
Herzog Veneers warranties extend only to defects in workmanship
and assurance that the product ordered conforms to the wood species specified in
the original purchaser's purchase order. Without limiting the generality of the
foregoing, Herzog Veneers limited warranties specifically do not extend to damage
or conditions resulting from failure to inspect, misuse, neglect, installation,
light, glues, adhesives, finishes, mishandling, accident, fire, lightning, water
or other hazard.
All veneers —
natural or dyed — are subject to color change. We recommend using ultraviolet light
inhibitors in all finishes on all wood veneers to slow fading or color changes.
IN NO EVENT, WHETHER BASED IN CONTRACT, IN TORT, UNDER ANY WARRANTY,
IN NEGLIGENCE OR OTHERWISE, SHALL HERZOG VENEERS BE LIABLE FOR SPECIAL, INCIDENTAL,
CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION,
DAMAGE TO OTHER PROPERTY, INCONVENIENCE, LOSS OF GOODWILL, LOST PROFITS OR REVENUE,
OR OTHER FINANCIAL LOSS, LOSS OF USE OF THE PRODUCT, OR CLAIMS OF ANY PARTY FOR
DAMAGES RESULTING FROM THE USE OF THE PRODUCT OR ARISING FROM BREACH OF WARRANTY
OR CONTRACT, NEGLIGENCE OR ANY OTHER LEGAL THEORY. PURCHASER ASSUMES ANY AND ALL
RISKS AND LIABILITY FOR LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY, OF PURCHASER
OR OTHERS, ARISING FROM THE USE OR POSSESSION OF HERZOG VENEERS PRODUCT.
Some states do not allow the exclusion or limitation of incidental or consequential
damages or allow limitations on how long an implied warranty lasts, so the above
limitations and exclusions may not apply to you.
THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO
STATE.
To obtain performance of these limited warranties, the original
purchaser must mail its written warranty claim within the Warranty Period to Herzog
Veneers at the following address and return defective product to Herzog Veneers
upon Herzog Veneers' written request and authorization:
Warranty Service
Department
Herzog Veneers, Incorporated
Post Office Box 7143 (Zip 27264)
2100 Dunmore Court
High Point, North Carolina 27263
Arbitration of Disputes:
Any controversy, claim or dispute
between the original purchaser and Herzog Veneers, directly or indirectly, concerning
this warranty, Herzog Veneers' obligations under this warranty, or the breach hereof,
shall be fully and finally settled by arbitration in accordance with the Commercial
Arbitration Rules of the American Arbitration Association. The governing law of
this warranty and any arbitration held hereunder shall be the substantive law of
North Carolina, USA. Such arbitration shall be held in High Point, North Carolina,
and judgment upon the award rendered may be entered in any court having jurisdiction
thereof. The costs and expenses payable to the American Arbitration Association
for such arbitration shall be paid by the losing party as determined by the arbitrator.
