Commercial Architectural Products, Inc. warrants its product for a period of two (2) years from date of shipment against workmanship in manufacturing provided the product is installed in accordance with CAP instructions and has not been damaged and/or altered prior to or during installation. CAP will replace FOB its dock any and all products found to be so defective. The product supplied shall meet the standard door and window specifications as outlined in the CAP catalog or as specified in the applicable CAP bid proposal, which have been designed in accordance with prevailing engineering practices and procedures. CAP will not warranty any doors larger than 3’ – 6” in width or 8’-0” in height. Buyer remedies with respect to CAP’s failure to meet the foregoing warranties shall be limited to the sole remedy provided herein.
All items, including without limitation hardware and glass, manufactured by others, and purchased by CAP for use in its products, carry such other manufacturers’ warranties only. In replacing such defective items, CAP will not assume charges for freight and/or labor. All items furnished by or on behalf of buyer for incorporation of this order must be shipped to CAP plant before CAP is obligated to commence fabrication. CAP will not accept back charges for materials and/or labor due to inaccuracies caused by the use of templates for cutouts and fabrication, CAP will not accept any back charges without prior approval in writing.
CAP makes no further representation, covenants, warranties or guarantees with respect to the product and performance ordered herein except as expressly set forth in the section. All implied warranties, including without limitations, merchantability, fitness for a particular purpose, or arising from a course of dealing or usage of trade, are specifically excluded. Notwithstanding any provision in this agreement to the contrary, CAP in no event shall be liable to buyer for any indirect, special or consequential type damages, however arising, including, by way of example, but not by way of limitation, loss of profit, loss of use, business interruption, or caused by the sole negligence of CAP.