Versacart warrants to Buyer that Versacart’s shopping carts, hand baskets, material handling carts and equipment, and specialty items (the “Versacart Products”) will be free from defects in materials and workmanship for a period of one (1) year from date of shipment by Versacart (the “Warranty Period”). Versacart must receive written notice of any claimed defect during the Warranty Period and no later than thirty (30) days after the appearance of such defects. Upon receiving a defect notice that complies with this paragraph, Versacart’s sole obligation, and Buyer’s sole remedy, is for Versacart at its option to: (a) repair or replace, at a location designated by Versacart, the Versacart Product (or component(s) thereof) that fails to comply with this limited warranty; or (b) if Versacart determines that it can neither repair nor replace the defective Versacart Product, refund the original purchase price paid by Buyer for the defective Versacart Product. Versacart may request that Buyer provide reasonable documentation, including photographs of the reported defect, to assist in evaluation and processing of the claim. No product may be returned to Versacart without first receiving written authorization from Versacart. At Versacart’s request, Buyer shall return any Versacart Products (or component(s) thereof) covered by the warranty after completing a failure report and obtaining a return material authorization number from Versacart to be displayed on the shipping container. Buyer shall bear all of the risk, and all costs and expenses, associated with any Versacart Products that have been returned to Versacart for which there is no defect found.
Notwithstanding anything else in any agreement between Buyer and Versacart, this limited warranty shall not apply to: (1) any Versacart Product or any component(s) thereof that have been altered or repaired by any person or entity other than Versacart; (2) any defect or other condition caused in whole or in part by the incorrect use, improper maintenance, abuse, damage, or alteration of any Versacart Product after title to such Versacart Product has passed to Buyer; and (3) any defects resulting from Buyer’s specifications or other requirements for a Versacart Product.
VERSACART MAKES NO REPRESENTATIONS AND NO OTHER WARRANTIES OR CONDITIONS ON THE VERSACART PRODUCTS OR ANY SERVICES RELATED THERETO. THE FOREGOING LIMITED WARRANTY OBLIGATIONS ARE IN LIEU OF ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES OF ANY KIND. VERSACART SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT.