1. LIMITED WARRANTY
Nexel Industries, Inc. ("Nexel") hereby warrants to you, the original purchaser and end user ("you" or "your"), that the products that you purchased from Nexel which accompany this Limited Warranty ("Products") shall be free from defects in materials and workmanship under normal use consistent with the accompanying documentation for 1 year commencing upon the date of purchase.
Further Nexel provides the following additional limited warranties with respect to Products with the following finishes:
Nexel will repair or replace any Product determined to be defective and which has been returned, at your risk and expense, to Nexel. A Product may be replaced with a current or prior revision. Where Nexel determines in its sole judgment that repair or replacement of such Product is not reasonable, Nexel will keep the non-conforming Product and refund to you the amount you paid for such Product. Returned Products shall be subject to the balance of the applicable warranty period otherwise applicable.
THE FOREGOING DESCRIBES THE SOLE LIABILITY OF NEXEL, AND YOUR SOLE REMEDY, FOR ANY BREACH OF WARRANTY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LIMITED WARRANTY, YOU MUST RETURN THE PRODUCTS UNUSED AND IN THEIR ORIGINAL PACKAGING WITHIN THREE (3) DAYS AND YOUR PURCHASE PRICE WILL BE REFUNDED.
2. LIMITED WARRANTY EXCLUSIONS & LIMITATION OF LIABILITY
This Limited Wa rranty does not cover: (i) defects or damages resulting from acts of God, casualty, accident, misuse or abuse, overloading, neglect, alterations, modification, service or repair by other than Nexel or its independent third party service providers, including without limitation by you; (ii) defects or damages resulting from exceeding the recommended load capacity; (iii) defects or damages resulting from load capacities not being equally distributed; (iv) defects or damages caused by use of any abrasive material, stiff brushes or scrapers to clean the Product; (v) defects or damages caused by cleaning the Products with non-mild detergents; (vi) physical damage that ruptures the coating; (vii) defects or damages caused by sustained exposure to corrosive substances and vapors; (viii) defects or damages caused by using the Products outside of the recommended temperature range; improper assembly or installation or de-installation, operation or maintenance, improper connections with peripherals or other causes not arising out of defects in the materials or workmanship of Products; (ix) any Product for which the warranty sticker has been removed, modified or defaced; (x) normal wear and tear; (xi) damage to or loss of repaired or replaced Products during shipping by Nexel except when such damage or loss is caused by poor or inadequate packaging by Nexel; or (xii) Products purchased outside the United States or Canada.
To be covered under this Limited Warranty the Products must be (i) cleaned with mild detergents only and (ii) used continuously within a temperature range of -20ºF to +120ºF (-29ºC to +49ºC).
UNDER NO CIRCUMSTANCES WILL NEXEL BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF NEXEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF NEXEL HEREUNDER EXCEED THE GREATER OF $50.00 OR THE AMOUNT YOU ACTUALLY PAID FOR THE PRODUCT GIVING RISE TO SUCH LIABILITY, REGARDLESS OF THE CAUSE OF ACTION, IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. NOT ALL JURISDICTIONS ALLOW SUCH LIMITATIONS OF DAMAGES SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
3. PROCEDURE FOR WARRANTY SERVICE
Prior to returning any Products to Nexel for warranty service, you must first contact Nexel, by telephone at (800) 245- 6682 (United States and Canada) to confirm that such Products are covered by this Limited Warranty. If such Products are so covered, you shall obtain from Nexel a re t u rn materials authorization ("RMA") number and shipping instructions prior to any shipment of such Products to Nexel, and you must include such RMA number with any corresponding Product shipment, along with a true and correct copy of the original receipt showing the date of Product purchase by you, and a detailed, written description of any associated Product problems.
4. WARRANTY DISCLAIMER & LIMITATIONS
EXCEPT AND TO THE EXTENT EXPRESSLY SET FORTH ABOVE THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NEXEL EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN. EXCEPT AND TO THE EXTENT EXPRESSLY SET FORTH ABOVE, THE PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, AND NEXEL MAKES NO ADDITIONAL WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE PRODUCTS OR ANY MATTER WHATSOEVER. THIS IS A LIMITED WARRANTY AND IS THE ONLY WA RRANTY MADE BY NEXEL. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF NEXEL ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS LIMITED WARRANTY, OR MAKE ADDITIONAL WARRANTIES BINDING ON NEXEL. ACCORDINGLY, ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATION, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY NEXEL AND SHOULD NOT BE RELIED UPON. NEXEL DOES NOT WARRANT THAT THE PRODUCTS WILL OPERATE WITHOUT FAILURE, OR THAT THE PRODUCTS WILL MEET YOUR NEEDS OR EXPECTATIONS. NOT ALL JURISDICTIONS ALLOW SUCH WARRANTY LIMITATIONS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
5. CHOICE OF LAW AND JURISDICTION
For Purchases within the US
This Limited Warranty shall be subject solely to the laws of the State of New York as applied to contracts entered into in the State of New York between New York residents. Any dispute arising hereunder shall be subject to the sole jurisdiction of the State and Federal Courts located in Nassau County, New York. The parties hereby consent to the personal jurisdiction of such courts.
For Purchases within Canada
This Limited Warranty shall be subject solely to the laws of the Province of Ontario. Any dispute arising hereunder shall be subject to the sole jurisdiction of Ontario, Canada. The parties hereby consent to the personal jurisdiction of such courts.
Up to and including 42" long 600 lbs.
Over 42" long 400 lbs.
Up to and including 42" long 600 lbs.
Over 42" long 400 lbs.
Up to and including 42" long 800 lbs.
Over 42" long 600 lbs.
All other shelving systems are described in the catalog.
Load capacities are deemed to be equally distributed.