WARRANTY; LIMITATION OF LIABILITY
Unless otherwise stated, Sew What? Inc.’s products are guaranteed against defects in materials and workmanship for thirty (30) days from the date of the invoice. THIS WARRANTY COMPRISES THE SOLE AND ENTIRE WARRANTY PERTAINING TO ITEMS PROVIDED HEREUNDER. SELLER MAKES NO OTHER WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND WHATSOEVER. ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, WHETHER EXPRESS, IMPLIED, OR ARISING BY OPERATION OF LAW, TRADE USAGE, OR COURSE OF DEALING ARE HEREBY DISCLAIMED.
NOTWITHSTANDING THE FOREGOING, THERE ARE NO WARRANTIES WHATSOEVER ON ITEMS BUILT OR ACQUIRED, WHOLLY OR PARTIALLY, TO BUYER’S DESIGNS OR SPECIFICATIONS.
Limitation of Remedy: SELLER’S LIABILITY ARISING FROM OR IN ANY WAY CONNECTED WITH THE ITEMS SOLD OR THIS CONTRACT SHALL BE LIMITED EXCLUSIVELY TO REPAIR OR REPLACEMENT OF THE ITEMS SOLD OR REFUND OF THE PURCHASE PRICE PAID BY BUYER, AT SELLER’S SOLE OPTION. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS ARISING FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR ITEMS SOLD HEREUNDER, WHETHER ALLEGED TO ARISE FROM BREACH OF CONTRACT, EXPRESS OR IMPLIED WARRANTY, OR IN TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, FAILURE TO WARN OR STRICT LIABILITY.
Any designation of Flame Retardant (FR), durably flame retardant (DFR), inherently flame retardant (IFR) or permanently flame retardant (PFR) indicates that Sew What? Inc. has received a certificate from the manufacturer, supplier, provider or treater of the fabric indicating that the manufacturer, supplier, provider or treater has taken steps to qualify the fabric for such designation. Sew What? Inc. is a fabricator of products from fabrics provided by others and is not a manufacturer, supplier, provider, or treater of fabrics.
Sew What? Inc. does not warrant that any Sew What? Inc. product meets any local, state or federal standards or regulations for flame retardancy or any other requirements applicable to the purchaser’s use. A designation of FR refers to NFPA 701 standards only. The purchaser of Sew What? Inc. products is responsible for determining whether any requirements, certificates, or designations apply to the purchaser’s use of products, including but not limited to NFPA 701 certification, New York City regulations, or California state regulations. Unless indicated in writing by Sew What? Inc., Sew What? Inc. products are not registered with the Fire Department of the City of New York or registered with the Fire Marshal of the State of California. Regulations and procedures vary according to the specific location in which the fabric will be used, and not all cities, states, and venues accept NFPA 701 certification.
Yearly onsite NFPA 705 Field Test by a certified tester is recommended by Sew What? Inc. and may be required by the end user’s State or Local Fire Marshal.
Costs and coordination of annual NFPA 705 Field Test and any resulting re-spray application of flame retardancy chemicals are the responsibility of the end user.