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Limited Unit Warranty

Paper Resources, Inc. (ìSellerî) hereby warrants to the initial purchaser (ìBuyerî) of Sellerís rush roll, 30î masters, offcuts, sheet stock and other products (collectively the ìProductsî) that, at the time of the initial sale, the Products are free from defects in material and workmanship under normal use and service. Sellerís warranties do not apply to any Products modified, altered, serviced or otherwise changed by persons or entities other than the Seller. THE WARRANTIES SET FORTH HEREIN ARE SELLERíS EXCLUSIVE WARRANTIES PERTAINING TO THE PRODUCTS AND SELLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY), INCLUDING (BUT NOT LIMITED TO) ANY WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR USE OR PURPOSE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THIS LIMITED UNIT WARRANTY.

Any claim for breach of Sellerís warranties must be demonstrated to Sellerís satisfaction to have existed at the time of delivery of the Products to Buyer and shall be deemed waived by Buyer unless written notice of such claim is actually received by Seller within thirty (30) calendar days after Seller has shipped the Products to which such claim relates. Sellerís liability under this Limited Unit Warranty is expressly limited to (i) replacement of defective Products, or (ii) a credit against Buyerís purchase price of the defective Products, as determined in the Sellerís sole discretion. Prior to such replacement or credit, Seller has the right to inspect the Products claimed to be defective and, if requested by Seller, Buyer shall promptly return such Products to Seller at the Sellerís discretion and expense. No Products shall be returned to Seller without Sellerís prior written consent. For all claims regarding the Products, Sellerís liability shall not exceed the purchase price of the specific products for which a claim of breach of warranty is made. IN NO EVENT SHALL SELLER BE LIABLE FOR LOST PROFITS OR FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR PERSONAL INJURIES OR PROPERTY DAMAGES RESULTING FROM ANY CLAIM FOR BREACH OF SELLERíS WARRANTIES OR BUYERíS USE OF THE PRODUCTS, WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHERWISE. THE REMEDIES SET FORTH IN THIS LIMITED UNIT WARRANTY SHALL CONSTITUTE THE EXCLUSIVE REMEDIES AVAILABLE TO BUYER AND ARE IN LIEU OF ALL OTHER REMEDIES.

The terms and conditions of this Limited Unit Warranty may be amended or otherwise changed only by a written document which is signed by the President of Seller and which is expressly designated as an amendment to this Limited Unit Warranty. The laws of the State of Ohio shall govern all disputes, controversies and litigation arising hereunder. Exclusive venue for all disputes, controversies and litigation arising under this Limited Unit Warranty lies with the State Courts of Erie County, Ohio. Any cause of action, suit or claim arising out of or relating to this Limited Unit Warranty or the Products must be commenced within one (1) year after the claim or cause of action has accrued and, if not commenced within such one (1) year period, such claim or cause of action shall be deemed waived and forfeited.

FREIGHT: All shipments are F.O.B. Huron, OH. Any additional costs for handling or special routings will be charged to the customer.

SHIPMENTS: Title and risk of loss of products shall pass to the purchaser upon delivery of common carrier. Any claims for damages are subjected to change without prior notice.

ACCEPTANCE: All orders are subject to acceptance by Paper Resources Inc., Huron, Ohio. Pricing and availability of products are subject to change without prior notice

CANCELLATION: Orders cannot be canceled except upon terms that fully compensate Paper Resources, Inc. for any losses.

TAXES: All prices are subject to the purchaser assuming all Federal, State and Local Taxes when or where applicable in connection with the sale or delivery of these products.

 
         

608 Rye Beach Road • Huron, Ohio 44839 • 419.433.3322 • Fax: 419.433.3312 • Email: jcrooks@paperresources.com
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