EXHIBIT A — US BULLNOSING, INC. LIMITED WARRANTY
1. Purpose
This Limited Warranty forms part of and is incorporated into the US Bullnosing, Inc. Master Terms and Conditions of Sale. It separates short-term visible delivery, shortage, damage, nonconforming work, and billing claims from warranty defects, while preserving the warranty’s one-year term, the strict writtennotice requirement, remedy limitations, exclusions, and disclaimer of implied warranties.
2. Limited Warranty
US Bullnosing, Inc. provides a limited warranty on its custom bullnose trim and other fabricated products. Unless otherwise stated in writing, US Bullnosing, Inc. warrants that its fabricated products will be free from defects in material and workmanship for a period of one (1) year from the invoice date, subject to all exclusions, limitations, claim procedures, and remedies stated herein.
This limited warranty applies only to products used in standard residential and commercial applications under normal conditions. All warranty coverage and every warranty claim are expressly conditioned upon Customer’s strict compliance with the inspection and notice requirements of Section 4; failure to provide timely written notice voids and permanently bars any warranty claim, notwithstanding the warranty period.
3. Warranty Exclusions
This Limited Warranty does not apply to, and US Bullnosing, Inc. shall not be liable for, any of the following:
- Improper installation or installation not performed in accordance with industry standards.
- Misuse, abuse, accidents, negligence, improper handling, or improper maintenance.
- Exposure to chemicals, extreme temperatures, weather, environmental conditions, or other conditions outside normal use.
- Normal wear and tear, including scratches, scuffs, fading, staining, or surface wear.
- Alterations, modifications, cutting, installation, or other changes made to the product after purchase.
- Manufacturing defects, hidden defects, warpage, shade variation, caliber variation, thickness variation, or other issues related to material supplied by the customer, manufacturer, distributor, or third party.
- Insufficient material supplied by the customer for testing, setup, waste, breakage, or replacement needs.
4. Inspection, Notice, and Waiver (Condition Precedent)
Time is of the essence. Customer must inspect all material and completed work immediately upon pickup, delivery, or receipt. As an express condition precedent to any warranty claim, Customer must provide written notice by email to office@usbullnosing.com: (a) for any visible, apparent, or reasonably discoverable defect, damage, shortage, incorrect work, billing discrepancy, or nonconforming work, within five (5) business days of pickup, delivery, or the invoice date, whichever occurs first; and (b) for any other defect or claim, within thirty (30) days of the invoice date.
ANY DEFECT OR CLAIM NOT REPORTED IN STRICT COMPLIANCE WITH THESE NOTICE REQUIREMENTS IS ABSOLUTELY, IRREVOCABLY, AND PERMANENTLY WAIVED AND BARRED. THE FAILURE TO REPORT A CLAIM IN STRICT COMPLIANCE WITH THESE NOTICE REQUIREMENTS CONSTITUTES CUSTOMER’S FULL AND FINAL ACCEPTANCE OF THE PRODUCT AND WORKMANSHIP, AND MAY NOT BE ASSERTED IN ANY PROCEEDING, REGARDLESS OF WHEN THE DEFECT WAS OR COULD HAVE BEEN DISCOVERED. Notice is deemed given only upon US Bullnosing, Inc.’s actual receipt of the email.
5. Installation and Acceptance
Installation, attempted installation, alteration, distribution, sale, use, or incorporation of fabricated material into a project constitutes Customer’s irrevocable acceptance of the product and workmanship as to any visible or reasonably discoverable defect. US Bullnosing, Inc. shall not be responsible for visible defects, shade issues, sizing issues, finish issues, layout issues, or other conditions that could have been identified prior to installation.
6. Customer-Supplied Material Disclaimer
Customer acknowledges that US Bullnosing, Inc. often fabricates, cuts, bullnoses, glazes, mounts, polishes, modifies, or otherwise processes material supplied by Customer or third parties. Customer is solely responsible for verifying that all material supplied is suitable for the requested work, including size, thickness, shade, caliber, finish, strength, quantity, and condition. US Bullnosing, Inc. is not responsible for manufacturing defects, hidden defects, shade variation, warpage, breakage caused by material weakness, improper labeling, shortages, incorrect material, or any other issue related to material supplied by others.
7. Fabrication Risk
Customer understands that cutting, bullnosing, waterjet cutting, mosaic fabrication, coping fabrication, glazing, polishing, rectification, anti-slip work, and other fabrication processes involve inherent risk of breakage, chipping, shade variation, size variation, surface variation, and waste. Customer should provide additional material for testing, setup, waste, breakage, and future replacement needs. Unless otherwise agreed in writing, US Bullnosing, Inc. is not responsible for delays, shortages, or additional costs caused by insufficient material supplied by Customer.
8. Exclusive Warranty Remedy
If a product is found by US Bullnosing, Inc. to be defective under the terms of this Limited Warranty, US Bullnosing, Inc.’s sole obligation, at its sole and absolute discretion, shall be to repair the defective product, replace the defective product, or refund the original purchase price of the defective product. These remedies are the Customer’s sole and exclusive remedies, and Customer waives all other remedies.
9. Limitation of Liability
To the fullest extent permitted by law, US Bullnosing, Inc.’s liability is limited to repair, replacement, or refund of the defective product or service giving rise to the claim, and in no event shall exceed the amount actually paid by Customer for the specific product or service giving rise to the claim. US Bullnosing, Inc. shall not be liable for labor costs, installation expenses, removal costs, reinstallation costs, project delays, lost profits, lost business, loss of use, incidental damages, consequential damages, indirect damages, special damages, punitive damages, or third-party claims. This limitation of liability does not apply to acts of gross negligence, intentional misconduct, or fraudulent conduct by US Bullnosing, Inc.
10. Disclaimer of Other Warranties
This Limited Warranty is the sole and exclusive warranty provided by US Bullnosing, Inc. All other warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, are disclaimed to the fullest extent permitted by law. To the extent applicable law does not permit the full exclusion of implied warranties in a consumer (residential) transaction, such implied warranties are limited in duration to the one-year period of this Limited Warranty, to the fullest extent permitted by law.
11. Acceptance and Acknowledgment
Customer acknowledges and agrees that Customer has read and understands this Limited Warranty and the Master Terms and Conditions of Sale, and has had the opportunity to consult with its attorney before accepting this agreement.