TDR Inc. STATEMENT OF LIMITED WARRANTY

  1. Limited Warranty

    1. Subject to the limitations and exclusions set forth below, TDR, Inc. (“TDR”) warrants that the products to be delivered hereunder shall be free from defects in materials and workmanship in normal use and service. This warranty is applicable only to Buyer and there are no other intended beneficiaries of this warranty.​

  2. Warranty Limitations and Exclusions

    1. For the warranty to apply, the products must be installed in accordance with all site conditions required by state and local codes, applicable product or industry specifications and guidelines, and manufacturer's installation recommendations and in accordance with all applicable laws. Specifically excluded from the warranty are damages to the products arising from ordinary wear and tear, alteration or repair by anyone other than TDR, accident, misuse, abuse, or neglect, or arising from any other event not caused by TDR.

    2. TDR's obligation under this warranty shall not include any transportation charges or costs of installation.

    3. Except as specified above, no other express warranty is given and no affirmation on TDR's part or on the part of TDR's representatives or agents, by word or act, shall constitute a warranty or otherwise alter, vary, or expand the express warranty set forth above.

    4. In no event shall TDR be liable for special, indirect, or consequential damages of buyer or any third party, including loss of production and profits, labor and materials, overhead costs, or other loss or expenses incurred by Buyer or any third party.

    5. To the extent allowed by law, the warranty set forth herein is exclusive and in lieu of all other warranties with respect to the products (whether express, implied, or statutory), including any implied warranty of merchantability or fitness for a particular purpose.

  3. Claims and Remedies

    1. All claims made under this warranty shall be presented to TDR in writing at TDR's address, 11902 Rustic Lane, San Antonio, Texas 78230, within thirty (30) days after Buyer's discovery of defects in the products for which such claim is made. Any claim under this warranty that is not so presented to TDR in writing within thirty (30) days after discovery shall be deemed unconditionally waived. TDR agrees to replace (or, in TDR’s sole discretion, repair) those products determined by TDR to be defective and covered by this warranty. The supply of replacement products (or the repair of products, as the case may be) is the sole remedy of Buyer for breaches of this warranty. TDR's liability specifically excludes the cost of removal of the replaced products and/or installation of the replacement products.

  4. Installation Guide Online

    1. Installation Guideline can be found at: https://www.tdrpipe.com/installation-guideline

  5. Warranty Terms Online

    1. The terms of this Limited Warranty can be found at: https://www.tdrpipe.com/limited-warranty

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Disclaimer. Buyers agree that they are purchasing Seller’s products with the knowledge that they are only to be used in the manner described in their product description. Buyers agree that Seller is in no way liable to Buyers should Buyers choose to use Seller’s products in any manner beyond the set specific specifications as listed in the product descriptions in the TDR Ultra Fact Sheet, Ultra Spec Sheet, and Ultra Data Sheets as listed on its website and in its product catalog. See www.tdrpipe.com Buyers acknowledge that they have reviewed all the information provided on Seller’s website and in its product catalog and are therefore responsible for any consequences that result from breaching these provisions. The website, product catalog, and the information they contain are made available “AS IS,” without warranty of any kind, either express or implied. Seller may make improvements or changes in the products described on the website at any time. These changes may result in modifications of features or specifications without notice. Seller is not liable for any product defects or failures caused after shipment by: (a) improper installation (including, without limitation, misalignment), (b) use in improper applications or conditions or in conjunction with improper materials (including, without limitation, improper lubricants, pastes, solvents or sealants), (c) contact with aggressive chemical agents, (d) freezing or overheating of liquids in the product, or unusual pressure surges or pulsation, (e) vibration, (f) temperature shocking, (g) U.V. degradation, (h) failure to adhere to Seller’s instructions concerning the proper handling, installation, testing, and use of the product, (i) failure to adhere to applicable standards set forth by local laws, codes, or regulations and the applicable industry standards, or (j) any other improper activities not listed above or damage caused by the fault or negligence of anyone other than the Seller or Seller’s Agents and Employees.

 

 

 

 

Limitation of Liability: Seller’s aggregate liability arising out of or related to this Agreement shall exceed the three times (3X) the amount paid by Buyer under this Agreement, regardless of the form of the action or theory of recovery, even if that party has been advised of the possibility of those damages. NEITHER PARTY SHALL BE LIABLE TO OTHER PARTY FOR SPECIAL DAMAGES, AS DEFINED BELOW, THAT ARE CAUSED BY EITHER PARTY’S GROSS NEGLIGENCE AND/OR INTEENTIONAL OR WILLFUL MISCONDUCT, AND IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (COLLECTIVELY REFERRED TO AS “SPECIAL DAMAGES”) OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF THE PARTY WHO IS LIABLE HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.