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Limited Warranty, Warranty Claims, Limitations for Actions or Suits.
RCI hereby expressly warrants its goods and services against defects in
workmanship for a period of five (5) years from date of delivery or installation,
whichever comes first. In no event shall RCI be liable for any warranty
claim arising from: excessive wear and tear; vandalism; usage in a manner
inconsistent with the normal or intended usage of such goods and services;
misuse; neglect; improper maintenance; work or omission by any other person
or party, including but not limited to contractors, tradesman, installers,
architects, or others not under the direct supervision and control of
RCI. Written notice of a warranty claim must be made to RCI’s
West Chicago, Illinois office within said period, or within 14 days of
discovery of the alleged defect, whichever term is shorter. Any
action or suit against RCI arising out of or relating to this Limited
Warranty must be commenced within one (1) year after the cause of action
has accrued.
LIMITATION OF LIABILITY AND DISCLAIMER. NOTWITHSTANDING
ANY PROVISION TO THE CONTRARY, THE WARRANTY CONTAINED AND LIMITED HEREIN
AND THE EXPRESS WARRANTY OF GOOD TITLE, ARE THE ONLY WARRANTIES EXTENDED
OR OFFERED BY RCI, AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLED, INCLUDING WARRANTIES OF MERCHANTABILITY, HABITIABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. RCI’S OBLIGATIONS UPON BREACH OF
WARRANTY SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF THE GOODS AND
SERVICES PROVIDED BY RCI, AND IN NO EVENT SHALL RCI HAVE ANY LIABILITY
WHATSOEVER FOR PAYMENT OF ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL
OR TORT DAMAGES OF ANY KIND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NO ALLOWANCE SHALL BE MADE FOR ANY EXPENSES INCURRED
BY ANY PERSON OR PARTY IN REPAIRING OR REPLACING ANY OTHER PORTION OF
ANY BUILDING, STRUCTURE OR THE PERSONAL PROPERTY CONTAINED THEREIN, SAVE
FOR THE GOODS AND SERVICES OUTLINED IN THE PROPOSAL. RCI’S
TOTAL LIABILITY HEREUNDER SHALL NOT EXCEED THE SALE PRICE OF THE GOODS
AND SERVICES, NET OF ANY TRANSPORTATION AND SHIPPING CHARGES. IN
THE EVENT OF A BREACH OF THE WARRANTY OR ANY OTHER PROVISION HEREOF BY
RCI, RCI SHALL HAVE THE OPTION TO REPLACE THE DEFECTIVE GOODS AND SERVICES
OR REFUND THE MONIES PAID BY THE CUSTOMER.
Governing Law and Venue. This Limited Warranty shall be
construed and enforced in accordance with the laws of the State of Illinois,
without regard to its choice of law provisions.
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