Warranty

FastServ warrants that products delivered by FastServ will be free from defects in material or workmanship under normal use for a period of ninety (90) days after the date of delivery. It is the responsibility of the purchaser to return defective products within the warranty period. In the event FastServ determines that the products returned for warranty correction are not defective within the terms of the warranty, the purchaser shall be responsible for all costs of handling and transportation. FastServ’s sole responsibility under the warranty shall be, at FastServ’s option, to either repair or replace (using standard delivery service) any product that fails during the warranty period due to a defect in workmanship and/or material, provided the purchaser has promptly reported the same to FastServ in writing and FastServ has, upon inspection, found such products to be defective. This stated express warranty is in lieu of all liabilities or obligations of FastServ for damages arising out of or in connection with the delivery, use or performance of the Approved FastServ Products.

The above limited warranty is the only warranty made by FastServ. FastServ makes and the purchaser receives no other warranty, express or implied, including without limitation, all warranties of merchantability or fitness for a particular purpose with respect to the products, and FastServ expressly disclaims the same.

In no event shall FastServ be liable for any consequential, exemplary or incidental damages, direct or indirect, including, but not limited to, loss of use, revenue or profit arising in connection with the Approved FastServ Products, even if FastServ has been advised of the possibility of such damages.

It is also important to note that any product purchased by a franchisee for a customer from a company other than FastServ is not covered under the FastServ warranty.