PLUS CLOSETS® warrants to the Dealer only that PLUS CLOSETS® products sold to the Dealer hereunder shall be free of defects in material and workmanship for a period of one year. PLUS CLOSETS® sole liability and dealers remedy for breach of this limited warranty shall be, at PLUS CLOSETS® option, to credit or replace defective or nonconforming product.
This Limited Warranty shall be null and void and shall not apply to any PLUS CLOSETS® product that is damaged as a result of failure to follow PLUS CLOSETS® installation instructions, improper installation, misuse, abuse, neglect, accidents and acts of God. PLUS CLOSETS® further requires that the installations be the sole responsibility of the dealer and its employees, whether sub-contracted or employed by the dealer. PLUS CLOSETS® requires installation by an employee or contractor of the Dealer. Homeowner installations will void all liabilities of PLUS CLOSETS®.
PLUS CLOSETS® (at PLUS CLOSETS® option) will provide credit for or replacement of product that is damaged during shipment to Dealer, provided that PLUS CLOSETS® is notified of such damage within 5 days of Dealers receipt of the shipment.
The Limited Warranty set forth herein is in lieu of all other warranties, product representations, implied warranties of merchantability and fitness for use/and or particular purpose. PLUS CLOSETS® shall not under any circumstances be liable for special, indirect punitive or consequential damages of any nature whatsoever, including without limitation, any lost revenues or profits of Dealer or it's customer, employee agent or sales representatives, resulting from or in connection with, any sale, manufacture or distribution of any PLUS CLOSETS® product. Any claims under the limited warranty shall be from the Dealer and not the Dealer's customer. Dealer is not authorized to incur, assume or create in writing or otherwise any warranty to customer on the part of PLUS CLOSETS®. Dealer shall indemnify and hold PLUS CLOSETS® harmless from and against any damages including, but not limited to, loses, damages, costs, charges, claims, liabilities, actions, penalties, judgments, settlements and attorneys fees arising from or relating to 1) Dealer's negligent or intentional act of omission, including but not limited to any bodily injury or property damage arising, caused or resulting from the Dealer's installation, maintenance, repair or misuse of PLUS CLOSETS® product; 2) Dealer's failure to comply with PLUS CLOSETS® installation instructions.