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Claims Limitation of Warranties & Liabilites Prime Line warrants and represents to Prime Line's direct purchasers ("Purchaser") that the products will be free from defects in material and workmanship at the time of shipment to Purchaser. This is the only warranty or representation, and the sole basis for liability respecting quality, performance, defects, repair, delivery and replacement of the products. No other representation shall be binding upon Prime Line, unless made by a duly authorized officer. Purchaser shall not warrant or represent that Prime Line warrants or guarantees any product, except as provided herein. Prime Line Expressly States That Prime Line's Products Are Not Children's Toys And Are Not Intended For Use By Children. Prime Line's Products Are Intended For Promotional Purposes Only. Standard PMS colors available at no additional charge. PMS match on non-white items and Stress Balls cannot be guaranteed. Standard Silk Screened Colors (Black and White available but not shown): Colors shown in the catalog are only for your reference. Actual PMS colors will vary from the catalog representations. PMS matches are indicative of how they appear on a white substrate and will change depending on the color of the item. In the event of a defect in material or workmanship in any product(s) sold hereunder to Purchaser, Prime Line will replace the same, F.O.B. point of shipment or refund the purchase price for same, in Prime's sole discretion; provided that a written claim for same is received within fifteen (15) days from the shipment date. PRIME LINE'S UNDERTAKING TO REPLACE OR REFUND THE PURCHASE PRICE FOR SUCH PRODUCT(S) IS PURCHASER'S EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES (WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED), INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. Prime Line's liability arising out of the sale or use of products, whether in warranty, contract, negligence or otherwise (including claims for consequential or incidental damages), shall not in any event exceed the cost of furnishing a replacement for the defective product, as provided above. The foregoing shall const! itute Prime Line's sole liability to Purchaser, to Purchaser's vendees or/and any receptions of product. We are not responsible for inability to fill orders due to strikes, shortage of materials, or any other reasonable cause. |