Representations or Warranties
Seller makes no representations or warranties concerning the product except such as are expressly contained herein. Orders for product or services may not be changed or modified orally.
The warranty obligations of Seller for goods and/or services sold by Seller will in all respects conform and be limited to the warranty extended by the manufacturer of goods. The sole remedy available to Buyer with respect to defects in the goods will be against the manufacturer under any applicable manufacturer’s warranty to the extent available to Buyer.
Flagpoles Etc (“FPE”) warrants to the first purchaser (“Buyer”) of a FPE flagpole shaft (the “Flagpole”) that the Flagpole will, upon shipment by FPE, be free from defects in material and workmanship and to be free from corrosion except those items normally consumed in service (the “Warranty”). The Warranty applies to the pole shaft only and excludes anchor bolts, flagpole accessories, foundations and finishes such as powder coating and anodizing. FPE provides separate warranties for its anodized and powder coated flagpoles and for hardware and other Flagpole accessories. WITH RESPECT TO FLAGS, FPE MAKES NO, AND EXPRESSLY DISCLAIMS, ALL WARRANTIES with the exception for defective material or workmanship.
If any failure to conform to the Warranty appears, and written notice of such failure is given to FPE during the lifetime of the Flagpole’s intended use (the “Warranty Period”), FPE will, upon substantiation of such nonconformity and at its sole option, either repair or replace the non-conforming Flagpole. Specifically excluded from the Warranty is the cost to remove, ship, replace, or reinstall the non-conforming or repaired/replaced Flagpole. Repair or replacement by FPE is the Buyer’s sole remedy, and FPE’s sole obligation, in the event of a failure to conform to the Warranty. The Warranty does not cover defects or failures resulting from improper maintenance, misuse, abuse, radiation, overloading, accident, acts of God, or other casualty beyond the control of FPE, alterations, modification, or additions without written permission from FPE, or from failures or corrosion due to:
•Misapplication – product used outside of specified use.
•Damage from handling, transportation, installation, vehicular impact, abuse, or vandalism.
•Site specific wind induced or other vibration.
•Installation in soils with a pH under 5 or over 9.
•Installation using highly caustic grouts or concrete.
•Not removing pole from its original shipment wrapping materials
The Flagpole shall not be returned without prior written authorization of FPE and must be shipped freight prepaid by the Buyer. If FPE elects to replace the nonconforming Flagpole, such replaced Flagpole shall become the property of FPE.
FPE MAKES NO OTHER EXPRESS WARRANTY AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER IMPLIED WARRANTIES OTHER THAN THOSE THAT MAY NOT BE DISCLAIMED AS A MATTER OF LAW. THE DURATION OF ANY IMPLIED WARRANTY THAT MAY NOT BE DISCLAIMED BY APPLICABLE STATE OR FEDERAL LAW IS LIMITED TO THE WARRANTY PERIOD.
Regardless of whether a claim against FPE is based on the Warranty or is an action in contract, tort (negligence or strict liability) or otherwise, FPE’s liability for losses, damages, or expenses of any kind arising from the design, manufacture, installation, use, repair, or sale of the flagpole is limited, unless otherwise prohibited by applicable law, to an amount not exceeding the cost of the FPE flagpole giving rise to such liability. FPE shall not be liable or responsible for any indirect, incidental, consequential or special damages.
Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which may vary from state to state. . The foregoing shall not be construed as limiting, in any manner, any of the rights or remedies available to Seller because of any default of Buyer under the Uniform Commercial Code as in force and effect in the State of Michigan.
Limitations of Warranty
Flagpole components and flags DO NOT fall under any warranty except for defective material or workmanship. Standard manufacturer’s/materials warranty does not include any damage resulting from flying a flag larger than the recommended size per manufacturer’s specifications and/or size recommended by the National Association of Architectural Metal Manufacturers (NAAMM), which publishes Guide Specification for Design of Metal Flagpoles. Standard manufacturer’s/materials warranty does not include any damage brought on by accident, collision, vandalism or any other incidental and/or willful act by others.