Limited Warranty And Limitation Of Liability.
(For Cedar Products Only)
This Limited Warranty is the only warranty applicable to the sale of the goods sold pursuant to this agreement. Modulog Industries, Inc. ("Modulog") warrants that the goods sold are (1) the grade represented in writing by an authorized Modulog Industries, Inc. agent or representative, (2) kiln dried, and (3) free from defects in manufacture or workmanship for as long as the owner(s) of the premises to which the Modulog Industries, Inc. products are attached ("Purchaser") is/are alive and own(s) the premises. If said Purchaser is a corporation or other entity, transfer of more than fifty percent ownership interest in the entity will void this Limited Warranty, but not the Limitation Of Liability set forth below.
This Limited Warranty does not cover replacement, repairs or reimbursement for improper installation or repair of Modulog Industries, Inc. products or for any defects or damages caused by such improper installation or repair. Modulog Industries, Inc. is not liable for replacement, repair or reimbursement of the Modulog Industries, Inc. product caused by normal wear and tear or weathering. Except as is consistent with this Limited Warranty, and after expiration of this Limited Warranty, the purchaser assumes all of the risk of quality and performance and the purchaser, not Modulog Industries, Inc. or its agents or representatives, assumes the cost of service or repair for the goods.
EXCEPT AS IS CONSISTENT WITH THIS LIMITED WARRANTY, ALL IMPLIED WARRANTIES OF MARKETABILITY AND FITNESS ARE HEREBY EXPRESSLY DISCLAIMED. Modulog Industries, Inc's liability for any claim related to these goods shall be limited to an amount equal to the cost of replacement or repair, or to the amount of money actually received by Modulog Industries, Inc. for the particular goods which gave rise to the claim, whichever is less.
This Limitation Of Liability applies to all claims, including, without limitation, those based upon contract, warranty, tort (including negligence) and strict liability.
This warranty is given by Modulog Industries Inc., Portland, Oregon