warrants to the original purchaser of the fencing that the
electrostatically applied powder coated finish will not crack,
chip, or peel. This warrantee does not extend to damage caused by
use other than the normal use for which the fence is intended,
negligence, alteration, accident, improper installation, abuse,
misuse, vandalism or acts of God. Excluded from the warranty are
points of welding inherent in the style of fence or otherwise
requested by the purchaser.
claims for a breach of this warranty shall be submitted to
Gemstone in writing describing the nature of the breach together
with a photograph of the defective portion of the fence and a copy
of the original installation agreement or invoice. Gemstone
reserves the right to determine if the claim is valid. If the
claim is valid, Gemstone shall, at its discretion, either repair
or replace the defective portion of the fence. However, all
removal, shipping, and reinstallation cost are the sole
responsibility of the purchaser. The above set forth Gemstone’s
complete warranty and the remedies against Gemstone with respect
to the fence.
ADDITIONAL WARRANTIES ARE GIVEN, EXPRESS, STATUTORY OR IMPLIED.
ANY IMPLIED WARRANTY OR MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE IS HEREBY EXPRESSLY DISCLAIMED.
GEMSTONE shall not in any event be responsible for
consequential, personal injury, or incidental damages. No person
or entity is authorized to change, modify or supplement this
warranty, and any such attempt and any other written or implied
agreement shall not be valid as against Gemstone.