![]() THE DISCHARGE OF ASHLEY'S WARRANTY OBLIGATION HEREUNDER SHALL CONSTITUTE FULFILLMENT OF ALL LIABILITIES OF ASHLEY TO COMPANY, WHETHER BASED ON CONTRACT, NEGLIGENCE, OR OTHERWISE WITH RESPECT TO GOODS SOLD OR PROVIDED TO COMPANY. Ashley shall not be liable for any damages to the goods resulting from improper handling after the goods are delivered to Company, nor shall Ashley be liable for any damages incurred while the goods are in the possession of Company or Company's customers.ĪSHLEY SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, OR CONTINGENT DAMAGES OR LOST PROFITS OR EXPENSES ARISING DIRECTLY OR INDIRECTLY FROM ANY DEFECT IN GOODS SOLD, SUPPLIED, OR FURNISHED BY ASHLEY TO COMPANY, FROM THE USE THEREOF, OR FROM COMPANY'S INABILITY TO MAKE USE THEREOF. Ashley shall not be liable for any labor or other expenses incurred by Company in the removal, repair, or replacement of the goods or any component part claimed to be defective nor shall Ashley be liable for any expenses incurred by the Company in order to remedy any defect in Ashley's goods. Under this Company Warranty, the sole liability of Ashley is limited to, at Ashley's sole option, repair, replacement or credit for goods sold, supplied or furnished to Company by Ashley which contain substantial manufacturing defects if Ashley actually receives notice from Company of the alleged defect within one (1) year from the date of shipment to Company or until the goods are sold to the end-use consumer by Company, which ever is earlier. ASHLEY MAKES NO WARRANTY, EXPRESS OR IMPLIED (WHETHER WRITTEN OR ORAL) WITH RESPECT TO MATERIALS, GOODS, OR ITEMS NOT MANUFACTURED BY ASHLEY, AND ALL WARRANTIES WITH RESPECT TO SUCH MATERIALS, GOODS, OR ITEMS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES (WHETHER WRITTEN OR ORAL) OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE SPECIFICALLY DISCLAIMED. ALL EXPRESS WARRANTIES NOT STATED IN THESE TERMS AND CONDITIONS AND ALL IMPLIED WARRANTIES (WHETHER WRITTEN OR ORAL), INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE SPECIFICALLY DISCLAIMED. THE FOREGOING COMPANY WARRANTY IS EXCLUSIVE. Upon sale of the goods to the end-use consumer, Ashley's obligation to Company under this Company Warranty shall terminate, and Ashley's obligation shall be limited exclusively to the obligations set forth in the terms and conditions of Ashley's applicable consumer warranty. A reasonable amount of touch-up, deluxing, and installation of repair parts is the responsibility of Company. Subject to the provisions contained herein, Ashley warrants to Company that for a period of one (1) year from the date of shipment to Company or until the goods are sold to the end-use consumer by Company, which ever is earlier, that the goods supplied by it to Company are free of substantial manufacturing defects. Warranty to Company and Limitation of Remedy ("Company Warranty")
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