Product Warranty & Exclusive Remedy

Sensitile warrants that, for a period of one (1) year from delivery, Products shall be free from defects in materials and workmanship; provided that this limited warranty shall be void if the Products are used in a manner not recommended by Sensitile or are otherwise subject to abuse or misuse, improperly installed, improperly transported or stored, and/ or if the defect arises from some causes not inherent in the Product. Sensitile makes no warranty and provides no support as to items provided by third parties, such as hardware, lighting, or other accessories. Sensitile will pass on to Customer any warranty provided by such supplier. Customer shall submit to Sensitile in writing any warranty claim. Sensitile shall, at its election, repair or replace the Products where Sensitile’s inspection discloses any such defects occurring in normal usage within the warranty period; in the alternative, the parties may reach agreement as to a price adjustment. If, in the sole discretion of Sensitile, these remedies are not reasonably available, Sensitile may terminate the Contract and refund the purchase price paid by Customer for the nonconforming Products. These remedies are the sole and exclusive remedies in the event of a breach of warranty. Failure by the Customer to give written notice of claim within the warranty period shall be deemed an absolute and unconditional waiver of Customer’s warranty claim. In connection with the implementation of these remedies, Sensitile is not liable for any direct or indirect costs associated with the repair or replacement of the Product including removal, shipping, and re-installation of the Product, in excess of One Thousand Dollars ($1,000). Due to the specialized nature of Sensitile’s Products, variations in color, shade, flow, grain, tonality, crazing, veining, texture and slight bubbling are inherent characteristics thereof and are not defects. Variations in facial dimensions and thickness are within industry standards. No warranties are made against crazing, scratching or wear due to installation, sealers, grout, falling objects, abuse, misuse, exposure to temperature variations, using improper chemicals or compounds, non-foot traffic wear or other similar exposure. The foregoing warranties are exclusive and are in lieu of all other warranties or representations, express or implied, arising by law or custom, including implied warranties of merchantability and fitness for a particular purpose, which implied warranties are expressly disclaimed by Sensitile and waived by customer. Customer is solely responsible for the installation, sealing, and refinishing of any product, and the integration of the products into any environment. Sensitile does not represent or warrant the performance of the product in connection with other products or as integrated into any specific environment.

Limitation of Liability for Damages

Neither party may bring any action, regardless of form, in connection with the products of this contract more than one (1) year after the cause of action has accrued. Notwithstanding anything in this contract to the contrary, neither party shall be liable to the other or any third party for any special, incidental, indirect, consequential, punitive, or exemplary damages of any kind arising from or relating to the obligations under this contract. The term “consequential damages” shall include, but not be limited to: lost profits, loss of use, lost revenue, and cost of capital. Except for personal injury or death due to Sensitile’s negligence or intentional misconduct, the parties agree that the total damages that can be awarded in any claim by customer relating to Sensitile’s obligations under this contract (whether based in contract, tort or otherwise), shall not exceed the combined total of amounts paid by customer to Sensitile under the contract during the twelve (12) month period immediately preceding the event giving rise to such liability. The above limitations on liability are a material provision of the contract.

Force Marjeure

Neither party shall be liable if its performance is delayed or made impossible or commercially impracticable due to acts of God, war, riot, fire, labor trouble, unavailability of materials or components, explosion, breakdown or accident, delay in transportation, plant shutdown, compliance with governmental requests, laws, regulations, order or actions, unforeseen circumstances, or causes beyond such party’s reasonable control.