ARMSTRONG NAUTICAL PRODUCTS WARRANTY

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WARRANTY

ARMSTRONG DECK PLATES

Vallery Industries, Inc., a Florida corporation, DBA Armstrong Nautical Products, hereinafter referred to as the “Manufacturer” hereby warrants its Deck Plates (and collectively referred to as “Product”) to the Original Purchaser (which shall be defined as that purchaser who originally purchases any Product directly from the Manufacturer, a dealer of the Manufacturer, or purchases any new boat that the original manufacturer has installed Product on the boat during its manufacture) as follows:

Structural Warranty

To be free from structural defects in materials and workmanship for a period of two (2) years from date of sale to Original Purchaser, provided however that the application of the Product is used for pleasure use only and not for competition, military, commercial or other uses which subject the Product to commercial use, extraordinary stress or wear and tear. The product is approved for use under standard EN ISO 12216:2002 in area IIa.

All approved warranty work is F.O.B. to the Manufacturer’s factory and is subject to repair or replacement at Manufacturer’s sole and exclusive option. The Original Purchaser or his or her dealer must give written notice of any defect to the Manufacturer during the warranty period and show proof of purchase of the Product. Return of the Product by the Original Purchaser shall be at the Original Purchaser’s expense.

The warranty on the product is given solely by the manufacturer. Manufacturer’s warranty is the sole and exclusive warranty, either express or implied; any affirmation of fact or promise written or verbal made by manufacturer will not be deemed to create an express warranty that the product will confirm to the affirmation or promise; any description of the product is for the sole purpose of identifying it and will not be deemed to create an express warranty that the product will conform to the sample or model; no affirmation, promise, description, or brochure or model will be deemed part of the basis of the bargain; the sale is made on the express understanding that there is not express or implied warranty that the product will be merchantable or fit for any particular purpose; manufacturer hereby disclaims all implied warranties including, without limitation, implied warranties of fitness for a particular purpose and merchantability; in no event will manufacturer be liable to original purchaser for any damage arising from original purchaser’s purchase and use of said product, including, without limitation, incidental and consequential damages; original purchaser’s sole and exclusive remedy for any claim arising from a defect in the product shall be pursuant to the terms and conditions of this warranty.

Some states do not allow limitations on how long an implied warranty lasts, or do not allow the exclusion or limitation of incidental or consequential damages, so the limitations set forth herein may not apply to the original purchaser. Manufacturer’s limited warranty gives the Original Purchaser specific legal rights and the Original Purchaser may also have other rights, which vary from state to state.

Neither party shall be liable to the other for special, exemplary, consequential or incidental damages under any circumstances or for any reason related to the agreement. Notwithstanding any other provision in this agreement, the liability of manufacturer for damages arising out of any act or omission of manufacturer, except where attributable to willful misconduct or gross negligence on the part of manufacturer, its officers or employees, shall not exceed the total amount invoiced by manufacturer to the original purchaser, or the dealer or boat manufacturer for the cost of the product.

Any proceeding arising out of or relating to this warranty will be brought in the courts of the State of Florida, Martin County, and the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection he or she may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the proceeding shall be heard and determined only in such court and agrees not to bring any proceeding arising out of or relating to the warranty in any other court. This warranty will be governed by and construed exclusively under the laws of the State of Florida.

Manufacturer reserves the right to improve its Product through changes in design and materials without being obligated to incorporate such changes in previously manufactured parts or Product.

WARRANTY

ARMSTRONG TELESCOPING AND RIB LADDERS

Vallery Industries, Inc., a Florida corporation, DBA Armstrong Nautical Products, hereinafter referred to as the “Manufacturer” hereby warrants its Telescoping Ladders and RIB Ladders (and collectively referred to as “Product”) to the Original Purchaser (which shall be defined as that purchaser who originally purchases any Product directly from the Manufacturer, a dealer of the Manufacturer, or purchases any new boat that the original manufacturer has installed Product on the boat during its manufacture) as follows:

Structural Warranty

To be free from structural defects in materials and workmanship for a period of two (2) years from date of sale to Original Purchaser, provided however that the application of the Product is used for pleasure use only and not for competition, military, commercial or other uses which subject the Product to commercial use, extraordinary stress or wear and tear.

All approved warranty work is F.O.B. to the Manufacturer’s factory and is subject to repair or replacement at Manufacturer’s sole and exclusive option. The Original Purchaser or his or her dealer must give written notice of any defect to the Manufacturer during the warranty period and show proof of purchase of the Product. Return of the Product to the Original Purchaser shall be at the Original Purchaser’s expense.

The warranty on the product is given solely by the manufacturer. Manufacturer’s warranty is the sole and exclusive warranty, either express or implied; any affirmation of fact or promise written or verbal made by manufacturer will not be deemed to create an express warranty that the product will confirm to the affirmation or promise; any description of the product is for the sole purpose of identifying it and will not be deemed to create an express warranty that the product will conform to the sample or model; no affirmation, promise, description, or brochure or model will be deemed part of the basis of the bargain; the sale is made on the express understanding that there is not express or implied warranty that the product will be merchantable or fit for any particular purpose; manufacturer hereby disclaims all implied warranties including, without limitation, implied warranties of fitness for a particular purpose and merchantability; in no event will manufacturer be liable to original purchaser for any damage arising from original purchaser’s purchase and use of said product, including, without limitation, incidental and consequential damages; original purchaser’s sole and exclusive remedy for any claim arising from a defect in the product shall be pursuant to the terms and conditions of this warranty.

Some states do not allow limitations on how long an implied warranty lasts, or do not allow the exclusion or limitation of incidental or consequential damages, so the limitations set forth herein may not apply to the original purchaser. Manufacturer’s limited warranty gives the Original Purchaser specific legal rights and the Original Purchaser may also have other rights, which vary from state to state.

Neither party shall be liable to the other for special, exemplary, consequential or incidental damages under any circumstances or for any reason related to the agreement. Notwithstanding any other provision in this agreement, the liability of manufacturer for damages arising out of any act or omission of manufacturer, except where attributable to willful misconduct or gross negligence on the part of manufacturer, its officers or employees, shall not exceed the total amount invoiced by manufacturer to the original purchaser, or the dealer or boat manufacturer for the cost of the product.

Any proceeding arising out of or relating to this warranty will be brought in the courts of the State of Florida, Martin County, and the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection he or she may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the proceeding shall be heard and determined only in such court and agrees not to bring any proceeding arising out of or relating to the warranty in any other court. This warranty will be governed by and construed exclusively under the laws of the State of Florida.

Manufacturer reserves the right to improve its Product through changes in design and materials without being obligated to incorporate such changes in previously manufactured parts or Product.

WARRANTY

ARMSTRONG MARINE AND SWING LADDERS

Vallery Industries, Inc., a Florida corporation, DBA Armstrong Nautical Products, hereinafter referred to as the “Manufacturer” hereby warrants its Marine Ladders and Swing Ladders (and collectively referred to as “Product”) to the Original Purchaser (which shall be defined as that purchaser who originally purchases any Product directly from the Manufacturer, a dealer of the Manufacturer, or purchases any new boat that the original manufacturer has installed Product on the boat during its manufacture) as follows:

Structural Warranty

To be free from structural defects in materials and workmanship for a period of three (3) years from date of sale to Original Purchaser, provided however that the application of the Product is used for pleasure use only and not for competition, military, commercial or other uses which subject the Product to commercial use, extraordinary stress or wear and tear.

All approved warranty work is F.O.B. to the Manufacturer’s factory and is subject to repair or replacement at Manufacturer’s sole and exclusive option. The Original Purchaser or his or her dealer must give written notice of any defect to the Manufacturer during the warranty period and show proof of purchase of the Product. Return of the Product by the Original Purchaser shall be at the Original Purchaser’s expense.

The warranty on the product is given solely by the manufacturer. Manufacturer’s warranty is the sole and exclusive warranty, either express or implied; any affirmation of fact or promise written or verbal made by manufacturer will not be deemed to create an express warranty that the product will confirm to the affirmation or promise; any description of the product is for the sole purpose of identifying it and will not be deemed to create an express warranty that the product will conform to the sample or model; no affirmation, promise, description, or brochure or model will be deemed part of the basis of the bargain; the sale is made on the express understanding that there is not express or implied warranty that the product will be merchantable or fit for any particular purpose; manufacturer hereby disclaims all implied warranties including, without limitation, implied warranties of fitness for a particular purpose and merchantability; in no event will manufacturer be liable to original purchaser for any damage arising from original purchaser’s purchase and use of said product, including, without limitation, incidental and consequential damages; original purchaser’s sole and exclusive remedy for any claim arising from a defect in the product shall be pursuant to the terms and conditions of this warranty.

Some states do not allow limitations on how long an implied warranty lasts, or do not allow the exclusion or limitation of incidental or consequential damages, so the limitations set forth herein may not apply to the original purchaser. Manufacturer’s limited warranty gives the Original Purchaser specific legal rights and the Original Purchaser may also have other rights, which vary from state to state.

Neither party shall be liable to the other for special, exemplary, consequential or incidental damages under any circumstances or for any reason related to the agreement. Notwithstanding any other provision in this agreement, the liability of manufacturer for damages arising out of any act or omission of manufacturer, except where attributable to willful misconduct or gross negligence on the part of manufacturer, its officers or employees, shall not exceed the total amount invoiced by manufacturer to the original purchaser, or the dealer or boat manufacturer for the cost of the product.

Any proceeding arising out of or relating to this warranty will be brought in the courts of the State of Florida, Martin County, and the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection he or she may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the proceeding shall be heard and determined only in such court and agrees not to bring any proceeding arising out of or relating to the warranty in any other court. This warranty will be governed by and construed exclusively under the laws of the State of Florida.

Manufacturer reserves the right to improve its Product through changes in design and materials without being obligated to incorporate such changes in previously manufactured parts or Product.