(g)Seller warrants to Customer and any end-user or owner of the Goods that, at the time of delivery to the Delivery Point, all Goods will materially conform to the measurements and specifications set forth in the Quote. Seller further warrants the structural integrity of the wooden components used in its standard lighting fixtures for a period of twenty (20) years from the date of delivery to the Delivery Point provided that all such wooden components are maintained in accordance with the manufacturer's recommended care guidelines (available at https://www.idahowood.com/), including, but not limited, guidelines related to periodic oiling, staining, or sealing of such components, which is necessary to their long-term performance and protection. Seller warrants that all other components used in lighting fixtures will remain in good working order for a period of five (5) years from the date of delivery to the Delivery Point. This limited warranty excludes and does not cover:
(vii)Damages caused by Customer or others;
(vii)Damages caused by an act of God such as lightning, flood, or earthquake, or by war, vandalism, theft, or normal-use wear and tear;
(vii)Damages or defects resulting from improper or faulty installation or failure to properly maintain the Goods;
(vii)Damages or defects resulting from improper storage, abuse, or misuse;
(vii)Disposable, one-time use products, including fuses, bulbs, and lamps;
(vii)Damages caused by modifications, changes, or repairs to the Goods made by the anyone other than Seller;
(vii)Cracking, checking, discoloration, warping, cupping, or other changes in the aesthetics of the Goods.
(g)Customer acknowledges that the Goods provided by Seller are manufactured using natural products that have naturally occurring variations in color, grain structure, and other natural attributes, including, but not limited to knots, cracks, and/or checking, and that such attributes and dimensions may change over time as the Goods are acclimated and exposed to exterior conditions. Customer agrees that such natural attributes are not defects and shall not be a basis for rejecting any Goods or for making a claim on the limited warranty. Wood products located outdoors should be regularly treated with an exterior grade stain or oil to protect them from the elements and related exposure.
(g)Neither Seller’s employees nor its agents are authorized to make any representations or warranties concerning the Goods or related services (if any), unless confirmed by an officer of Seller in writing. By entering into this Agreement, Customer acknowledges that it is not relying on any representation or warranty made by an employee or agent of Seller, and Customer waives any claim for breach of any such representations or warranties that are not set forth in the Agreement. Any advice or recommendation given by Seller, its employees, or its agents to Customer, including advice as to storage, application, or use of the Goods, is followed or acted upon entirely at Customer’s own risk, and, accordingly, Seller shall not be liable for any such advice or recommendation.
(g)Seller’s obligations under the Agreement are limited to the supplying the Goods set forth in the Quote in accordance with the Agreement. Seller is not providing engineering, architectural, or construction services, which shall be Customer’s sole responsibility.
(g)The Seller shall not be liable for a breach of the warranty set forth in Section 10(a) unless: (i) Customer gives written notice of the defect, reasonably described, to Seller within thirty (30) days of the time when Customer discovers or ought to have discovered the defect; (ii) Seller is given a reasonable opportunity after receiving the notice to examine such Goods and Customer (if requested to do so by Seller) returns such Goods to Seller's place of business at Seller's cost for the examination to take place there; and (iii) Seller reasonably verifies Customer's claim that the Goods are defective.
(g)Subject to Section 10(d) and Section 10(e) above, with respect to any such Goods covered by the warranty set forth in Section 10(a) Seller shall, at Seller’s election, either: (i) repair or replace such Goods (or the defective part) or (ii) credit or refund the price of such Goods at the pro rata contract rate provided that, if Seller so requests, Customer shall, at Seller's expense, return such Goods to Seller.
(G)THE REMEDIES SET FORTH IN SECTION 10(F) SHALL BE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 10 OR ANY OTHER WARRANTY PROVIDED BY SELLER. SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE MERCHANTABILITY OF THE GOODS OR THEIR FITNESS FOR A PARTICULAR PURPOSE. ANY SUCH WARRANTIES WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE ARE HEREBY DISCLAIMED.