WP Fail-Safe Form Footer™ is warranted for 180 days from the invoice shipping date to the original purchaser and/or the purchaser of forms from a WP Fail-Safe Form Footer™ approved Distributor or Dealer. All forms are warranted to be free from defects in material and Workmanship which may cause the WP Fail-Safe Form Footer™ to be unusable or not perform as the manufacturer’s design intention for use as a form for poured concrete footers or piers. This warranty is effective and enforceable only if the WP Fail-Safe Form Footers™ are handled, stored, transported and installed in accordance with the WP Fail-Safe Form Footer™ Installation Instructions, or any other installation instructions or guidelines published by WP Fail-Safe LLC, and local building codes. Furthermore, this warranty is effective only if WP Fail-Safe LLC has received written notice of the defects along with proof of purchase from a warranted source (as stated above) within 30 days of the first discovery of a defect, but in any event no later than within 180 days of the date of shipment of said forms by WP Fail-Safe LLC.
NOTE:
After 180 days from invoice shipping date, all forms are out of the warranty period.
THIS WARRANTY EXPRESSLY EXCLUDES AND IS IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN OR ORAL. EXCEPT AS EXPRESSLY SET FORTH ABOVE. WP FAIL-SAFE LLC MAKES NO REPRESENTATIONS OR WARRANTEES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
WP Fail-Safe LLC liability and the purchaser’s sole and exclusive remedy from alleged defects in the materials or manufacturing of the WP Fail-Safe LLC Forms shall be limited to the replacement of an equivalent amount of the defective product or a refund of the invoice charged for the defective product less shipping and handling charges (as WP Fail-Safe LLC may elect) if full payment has been made. In no event shall WP Fail-Safe LLC be liable for any consequential or incidental damages, losses, costs, or expenses of any person of any kind (including without limitation, loss of profits or injury to credit, reputation, or goodwill) directly or indirectly resulting from any alleged breach of warranty contained in this Manufacturer’s Limited Warranty. No other entity, person, Corporation, Company, or firm has any authorization or authority to bind or assume on behalf of WP Fail-Safe LLC any other liability affirmation, representation, or warranty regarding, or in connection with, the sale of WP Fail-Safe Form Footer™ except as stated in this Manufacturer’s Limited Warranty. No further warranty is expressed or implied that is not mentioned in the above text. This is the complete and full warranty of WP Fail-Safe LLC for its Insulating Concrete Forms for Concrete.