Warranty

Future Glass (“Seller”) provides this warranty to the business or individual (“Buyer”) who purchases a Future Glass product (“Product”) from Seller for the purpose of re-selling the Product to an end user customer (“Customer”). Seller warrants to Buyer that for a period of five (5) years from the date of shipment of the Products to Buyer (“Warranty Period”), that the glass and hardware components of such Products (excluding seals) will materially conform to Seller’s published specifications and will be free from material defects in material and workmanship. If a Product fails to conform to the foregoing warranty and Seller is given notice of such failure during the Warranty Period, Seller shall, in its sole discretion, either (i) repair or replace such Product (or the defective part) or (ii) refund the price paid for such Product. Seller may require that the Product be returned to Seller, at Seller’s expense.

All warranty claims are subject to review and confirmation by Seller. The warranty provided above shall not apply if the Product (i) has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions, or use contrary to any instructions issued by Seller; (ii) has been altered, repaired, or reconstructed by anyone other than Seller; or (iii) has been used with any third-party hardware or product that has not been previously approved in writing by Seller.

Buyer may pass this warranty through to its own Customers. However, the warranty shall extend only to the original Customer who owned the property at the time of installation and will not apply to any subsequent owners of the property. Buyer may not modify the terms of this warranty and shall not give or otherwise make any other warranties to Customers on behalf of Seller.     

EXCEPT FOR THE PRECEDING WARRANTY, SELLER MAKES NO WARRANTY TO BUYER WHATSOEVER WITH RESPECT TO THE PRODUCTS AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING ANY (I) WARRANTY OF MERCHANTABILITY; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (III) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Sole Remedy. THE REMEDIES SET FORTH ABOVE IN THESE WARRANTY PROVISIONS SHALL BE BUYER’S SOLE AND EXCLUSIVE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH HEREIN.