Infinity Lifetime Warranty
Infinity lifetime warranty – warrants that any and all Infinity Products delivered by Infinity are delivered free of defects in material and workmanship. Unless specified otherwise by Infinity in its written quotation regarding the particular Product, the above-stated limited warranty shall expire ten years from the date of installation by authorized Infinity personnel. Notwithstanding the foregoing, in the event the Product is a part (spare part/ replacement part), the above-stated warranty shall expire on the last day of the original ten year period. The warranty expressly excludes the effects of normal wear and tear.
If Products do not meet the above-stated warranties, Buyer shall promptly notify Infinity in writing. Infinity shall at its option (i) replace the defective Product or (ii) repair the defective Product. Infinity will determine at its sole discretion which option Infinity will take. Infinity warrants that any service performed by Infinity is performed in a workmanlike manner. If Infinity provides parts in connection with the service, Infinity warrants that the parts are free of defects in material and workmanship. If service (and/or parts provided in connection therewith) does not meet the above-stated warranties, Buyer shall promptly notify Infinity in writing. Infinity shall at its option reperform the non-conforming portion of the service and (if applicable) repair or (at Infinity’s option) replace the nonconforming part. Infinity will determine at its sole discretion which of the above-mentioned options Infinity will take.
Warranty repair or replacement or re-performed service shall not extend or renew the original warranty period; such Products or parts or service shall remain under warranty only for the unexpired portion of the original warranty period. Replaced Products/parts become the property of Infinity. Infinity warrants that Infinity has good and marketable title to the Products delivered by Infinity. Infinity is excused and not obligated to perform on its limited warranty due to any cause beyond its reasonable control (including but not limited to acts of God, strike or other concerted action of workmen, act or omission of any governmental authority, act of war or terrorism, act of the public enemy, embargo, delays of carriers, and/or delays by its usual suppliers).
NOTWITHSTANDING ANYTHING ELSE, UNDER NO CIRCUMSTANCES SHALL INFINITY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUE, LOSS OF TOTAL OR PARTIAL USE
OF PRODUCTS OR SERVICES, DOWNTIME COSTS, AND DELAY COSTS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE (regardless of whether such damages are characterized as arising out of breach of warranty, tort, contract, or otherwise)
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES (WRITTEN, ORAL, IMPLIED, OR OTHERWISE), AND ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED. CORRECTION OF NONCONFORMITIES (i.e. warranty repair or replacement or refund or credit, all at Infinity’s option, of Products that do not conform to the Product warranty above, and re-performance or refund or credit, all at Infinity’s option, of service that does not conform to the service warranty above) IN THE MANNER AND WITHIN THE APPLICABLE WARRANTY PERIOD SET FORTH ABOVE PROVIDES THE EXCLUSIVE REMEDIES WITH RESPECT TO THE QUALITY OF OR ANY DEFECT IN PRODUCTS OR
SERVICES DELIVERED OR PERFORMED HEREUNDER.