What Will BerrChem Do To Correct Problems?
BerrChem will perform a free inspection of the product to determine why it is not performing to satisfaction.If a defect in materials or quality is found, BerrChem will, at its sole discretion, repair or replace the product and return the product via ground shipping at no cost to the customer. If fastershipping is desired, the customer is responsible for all extra shipping charges.
If no problem is found with the product, the customer is responsible for return shipment charges.If a problem is found with the product that is not due to materials or quality, BerrChem will contact the customer with repair and replacement options. If, by request, the product is not repairedor replaced, the customer will be responsible for return shipment charges. If, by request, the product is repaired or replaced, BerrChem will return the product via ground shipping at no cost to thecustomer.
What Will We Not Do?
If the warranty service and/or shipping results in a cost to the customer, BerrChem will not charge the customer's payment until the work is complete and the product is ready to be shipped back to the customer.
Seller warrants that its products shall conform to the description of such products as provided to Buyer by Seller through Seller's catalog, analytical data or other literature. THIS WARRANTY IS EXCLUSIVE, AND SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Seller's warranties made in connection with this sale shall not be effective if Seller has determined, in its sole discretion, that Buyer has misused the products in any manner, has failed to use the products in accordance with industry standards and practices, or has failed to use the products in accordance with instructions, if any, furnished by Seller.
Seller's sole and exclusive liability and Buyer's exclusive remedy with respect to products proved to Seller's satisfaction to be defective or nonconforming shall be replacement of such products without charge or refund of the purchase price, in Seller's sole discretion, upon the return of such products in accordance with Seller's instructions. SELLER SHALL NOT IN ANY EVENT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OR FAILURE OF THE PRODUCTS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR LOSS OF USE, LOSS OF WORK IN PROGRESS, DOWN TIME, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS, LOSS OF PRODUCTS OF BUYER OR OTHER USE OR ANY LIABILITY OF BUYER TO A THIRD PARTY ON ACCOUNT OF SUCH LOSS, OR FOR ANY LABOR OR ANY OTHER EXPENSE, DAMAGE OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY SELLER'S GROSS NEGLIGENCE.
All claims must be brought within one (1) year of shipment, regardless of their nature.