TOPDEK END USER, DEALER, DISTRIBUTOR, INSTALLER LIMITED WARRANTY
This Limited Warranty (the “warranty”) is made by TopDeK, LLC. (“TopDek”), a Minnesota based company, in connection with the Buyer’s purchase of a TopDek product, as more fully defined in that certain purchase order of even date herewith (“the Covered Product”). This Warranty constitutes the entire agreement between TopDek and the Buyer as to any warranty provided by TopDek to the Buyer on the Covered Product.
ACKNOWLEDGEMENTS OF BUYER
By purchasing a TopDek product, Buyer accepts this Warranty and acknowledges the following:
- That Buyer has read and understands and agrees to the terms and limitations of this Warranty.
- That Buyer has been provided with sufficient opportunity to consult with independent legal counsel regarding this Warranty and the limitations hereof, and that Buyer has not relied upon any statements or representations of TopDek for Buyer’s understanding or interpretation of any provision hereof.
EXPRESS LIMITED WARRANTY
TopDek warrants to the Buyer (“Buyer”, for purposes of this Warranty, means only first purchaser of the Covered Products and does not extend to subsequent purchasers) that the Covered Products are free from defects in workmanship and materials at the time of manufacture and for a period of thirty-six (36) months from the date the Covered Products are shipped from TopDek for delivery to the Buyer. The limited warranty provided hereunder is subject to the strict precondition provided that the Covered Products are used and maintained in accordance with all TopDek specifications for preparation, installation and storage, which may be found posted at www.topdek.com. Improper installation and/or repair voids this Warranty in its entirety, without exception.
WHAT THIS LIMITED WARRANTY DOES NOT COVER.
This limited warranty does not cover the installation, labor to install or labor to remove and reinstall the Product onto any surface, nor does it cover adhesion or lamination of the Product to the boat or to any other surface to which the Covered Products are applied. This warranty applies only to material and workmanship of the Covered Products itself. Some fading and/or discoloration of the Covered Products may occur with time; such fading and/or discoloration is not covered by this limited warranty. This limited warranty covers only excessive fading or polymer degradation resulting from defective materials. This warranty specifically EXCLUDES deformation, discoloration or other damage to the Covered Product, and EXCLUDES all other damage or loss, resulting from the Covered Product’s being subjected to temperatures in excess of 165°F (“Max Temp”). Max Temp may occur for example in certain specific installations which result in light amplification at the Covered Products surface due to reflection of sunlight from reflective surfaces or refraction of sunlight through light-transmissive surfaces such as windshields or optically clear structures. Care should be taken to avoid installing the Covered Product in such areas. It is exclusively the Buyer’s responsibility to provide assurance that any particular installation will not exceed the Max Temp. TopDek shall not be responsible for any damage or loss resulting from any application or use of the Covered Product which exceeds the Max Temp. Installations resulting in the Covered Product’s experiencing temperatures in excess of the Max Temp shall void this Warranty in its entirety.
WHAT TOPDEK WILL DO.
Covered Products determined by TopDek to have material and/or workmanship defects will be covered as follows. Products deemed by TopDek to be defective within thirty-six (36) months of shipment to Buyer will be replaced or a refund for the defective product will be provided within (30) thirty days of approved warranty claim and documented. The Buyer will be responsible for all shipping charges for international shipping.
The Buyer shall notify TopDek in writing and include supporting photos within thirty (30) days of the discovery of a defect causing the Covered Products to be noncompliant with this express warranty. Any such notice must be received during the Warranty Period in order to be valid. If TopDek determines that there is a defect causing the Products to be noncompliant with this express warranty during the Warranty Period, TopDek’s sole responsibility under this express warranty shall be either to replace the defective Covered Product or issue a credit in accordance with the terms stated herein.
BUYER ACKNOWLEDGES AND AGREES THAT THE EXPRESS WARRANTY SET FORTH IN SECTION 7 ABOVE IS THE SOLE WARRANTY WITH REGARD TO THE PRODUCTS AND SERVICES. TOPDEK EXPRESSLY DISCLAIMS ANY OTHER WARRANTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO, THEIR QUALITY, PERFORMANCE,MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR BUYER.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL TOPDEK BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THE PRODUCTS, THE SERVICES, THE AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, IRRESPEC-TIVE OF WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT, OR OTHERWISE OR WHETHER TOPDEK HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. TOPDEK’S LIABILITY TO CUSTOMER UNDER ANY LEGAL THEORY SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE APPLICABLE PRODUCTS AND/OR SERVICES SOLD TO CUSTOMER.