W. R. MEADOWS, Inc. warrants that at the time and place we make shipment, our materials will be of good quality and will conform with our published specifications in force on the date of acceptance of the order. THE FOREGOING WARRANTY SHALL BE EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTY EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES OTHERWISE ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM OF TRADE OR OTHERWISE. As the exclusive remedy for breach of this Warranty, we will replace defective materials, provided, however, that the buyer examine the materials when received and promptly notify us in writing of any defect before the materials are used or incorporated into a structure. Notwithstanding anything in any purchase order, agreement, instrument or other document to the contrary, W. R. MEADOWS’ liability to the customer, if any, in connection with W. R. MEADOWS’ product shall be limited to the purchase price for such product actually paid by the customer to W. R. MEADOWS. W. R. MEADOWS hereby disclaims any and all incidental, consequential, special and punitive damages of any kind, nature or description whatsoever. No person or entity shall be a third party beneficiary of any contract or agreement between W. R. MEADOWS and the customer nor shall W. R. MEADOWS have any obligation or duty to any person or entity, other than the customer, including, without limitation, the customer’s customers. Three (3) months after W. R. MEADOWS, INC. shipped the materials, all our Warranty and other duties with respect to the quality of the materials delivered shall conclusively be presumed to have been satisfied, all liability therefore terminates, and no action for breach of any such duties, may thereafter be commenced. Unless otherwise agreed to in writing, no warranty is made with respect to materials not manufactured by W. R. MEADOWS, INC. We cannot warrant or in any way guarantee any particular method of use or application or the performance of materials under any particular condition. Neither this Warranty nor our liability may be by extended by our sales personnel, distributors or representatives, or by any sales information or drawings.
The information contained herein is included for illustrative purposes only and, to the best of our knowledge, is accurate and reliable. W. R. MEADOWS, INC. cannot however, under any circumstance make any guarantee of results or assume any obligation or liability in connection with the use of this information. As W. R. MEADOWS, INC. has no control over the use to which others may put its products, it is recommended that the products be tested to determine if suitable for a specific application and/or our information is valid in a particular circumstance. Responsibility remains with the architect or engineer, contractor and owner for the design, application and proper installation of each product. Specifier and user shall determine suitability of products for specific application and assume all responsibilities in connection therewith.