TERMS & CONDITIONS
TERMS OF SALE
Any damage during the unloading of the Equipment is at the Buyer’s sole risk and shall not be considered shipping damage. Buyer shall report such damage immediately, but in no event later than 21 calendar days after delivery. If such notification is not made, Huahai shall not be liable for loss or damage in transit. Buyer shall give Huahai, and its agents, a reasonable opportunity to inspect, test and repair or replace the Equipment or portions thereof. Buyer must return such goods to Huahai and accept delivery of the replacement goods.
Huahai shall not be liable for any damages as a result of any delays due to any causes beyond Huahai’s control, including, without limitation, telecommunications failures, technology attacks, epidemic, embargos, quarantines, viruses, strikes, labor problems of any type, accidents, fires, war, acts of terrorism, material unavailability, natural disaster, transportation failures, instability and unavailability of the Internet, and acts of God, etc. In the event of such any such delay, the date of delivery shall be extended for a period of time reasonably necessary to over the effect of such delay.
When used properly under normal use and normal environmental conditions, and subject to the exclusions set forth herein, Huahai warrants its manufactured goods, and the Equipment against material defects in material and workmanship for five (2, 3 or 5) years from the date of shipment from Huahai dock. During the warranty period, Huahai's only obligation and liability is to repair or replace (at its option) those part(s) of the Equipment that prove to be defective and not merely worn out (e.g., aged LEDs). Repaired or replaced parts provided within the original warranty period shall have the same warranty for the balance of the original warranty period. Part(s) replaced or repaired outside of any warranty period shall have a warranty of replacement only for material defects in material or workmanship for six (6) months from date of shipment. Any parts not manufactured by Huahai, but which are added to the Equipment manufactured Huahai, are covered for 2 years, if any. Huahai is not responsible for telecommunications or Internet services being unavailable, or for limitations caused by environmental conditions or incompatibilities with other Equipment.
Buyer's exclusive remedy for Huahai's breach of this Agreement as to any term hereof, and Huahai's only liability for any such breach, shall be replacement or repair of the Equipment and its parts actually delivered to Buyer in Huahai's sole discretion. IN NO EVENT WILL HUAHAI BE LIABLE TO BUYER FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF THIS TRANSACTION IN EXCESS OF THE EQUIPMENT PRICE. The Buyer agrees that these limitations on liability and remedies are independent of the agreed remedies under this Agreement. Significant surge protection is included in the signs. However, very high electrical surges can damage electronic LED sign Equipment and are not covered by warranty. Power must be applied at all times except for during service incidents. Power outages for more than three (3) days require notice to Huahai Service to keep the warranty in force.
TO BUYER UNDER THESE WARRANTIES FOR THE EQUIPMENT IS LIMITED AS SET FORTH HEREIN, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY OR ANY OTHER THEORY, HUAHAI SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, COMMERCIAL, EXEMPLARY, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF USE, LOSS OF ANTICIPATED PROFITS, INCOME, OR ECONOMIC LOSSES OF ANY KIND. HUAHAI'S LIABILITY UNDER ANY WARRANTY HEREUNDER, WHETHER EXPRESS OR IMPLIED, SHALL NOT EXCEED THE COST OF REPAIR OR REPLACEMENT OF DEFECTIVE PARTS OF THE EQUIPMENT. BUYER MAY NOT BRING ANY ACTION UNDER THESE WARRANTIES MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
Miscellaneous. Should any part of this Terms of Sale be found invalid, the other parts shall remain unaffected and shall be enforceable. The laws of the State of Florida shall govern this Terms of Sale.
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