Subject to the conditions and limitations below and the foregoing AWP Installation Instructions, J. Josephson (JJ) warrants to the end user that for a period of five years after delivery our Advanced Wall Protection product (the "Product(s)") will be free of manufacturing defects, will conform to our published specifications and will not separate from backing or exhibit bleeding or staining caused by defects in the products. Purchaser's sole and exclusive remedy shall be replacement of defective Product or refund of the purchase price.
This limited warranty does not cover and expressly excludes any claim, damage, loss or expense arising out of or relating to: (a) accident or vandalism; (b) abuse, misuse or unapproved use of the product; (c) installation contrary to the Hanging Instructions and good installation practices; (d) mold or mildew: (e) abnormal conditions of use; (f) improper maintenance or failure to maintain; (g) improper storage, handling or shipment; (h) use of incompatible adhesive, materials, tools or equipment; (i) design, installation or construction deficiencies of any kind or nature; and labor in the installation of the Product.
THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY JJ WITH RESPECT TO THIS PRODUCT. ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CLAIMED TO ARISE FROM COURSE OF DEALING OR USAGE AND TRADE PRACTICE. JJ MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED WITH RESPECT TO ANY OTHERE MANUFASCTURER'S PRODUCT OR FITNESS FOR A PARTICULAR PURPOSE.
In no event will JJ be liable for indirect, consequential, special or exemplary damages, whether based in contract, tort, strict liability, warranty or otherwise or for any monetary amount in excess of the cost of the Product. This exclusive warranty shall supersede and control any other representations and warranties with respect to this product.