Working with Xarisma, Inc. (“Xarisma”) brings peace of mind knowing that you are getting high-quality products from a company who stands behind them. We are committed to our quality and committed to ensuring 100% satisfaction of our customers. If you have any concerns regarding the quality of a product you have purchased, please contact your customer service representative.
Subject to the limitations and conditions described herein, Xarisma warrants to its customers that the products will conform to the applicable product specifications published by Xarisma and will be free from defects in materials and workmanship upon delivery of such product to the customer (a product that is either nonconforming or defective in materials or workmanship under normal and intended use is referred to herein as a “Defective Product”). Each customer shall, upon receipt of an order, inspect all products and must notify Xarisma of any Defective Product within seven (7) days of receipt. Xarisma reserves the right to inspect any Defective Product, and the customer must return any Defective Product within two (2) weeks of receiving a return authorization number. For any such Defective Product, Xarisma will, at its election, (a) provide a replacement product or substantially similar product to replace any Defective Product or (b) refund the purchase price for such Defective Product. Xarisma shall not be obligated to accept any claims for Defective Products if the notification and return time-frames are not met.
Limitations & Exclusions Applicable to All Warranties
The following limitations and exclusions apply to the warranties described above. The warranties set forth herein do not cover, and the remedies set forth herein are not applicable to, any of the following: (a) damage caused by improper installation; (b) staining or degradation due to any agent, cleaner or other contaminants, use of improper cleaning materials or procedures or growth of organisms; (c) damage resulting from abuse or misuse; or (d) normal wear and tear.
THE WARRANTIES AND REMEDIES SET FORTH HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY XARISMA AND THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE FOR BREACH OF WARRANTY AS TO THE PRODUCTS. IN NO EVENT SHALL XARISMA’S AGGREGATE LIABILITY WITH RESPECT TO ANY PRODUCT EXCEED THE ORIGINAL PURCHASE PRICE PAID XARISMA FOR SUCH PRODUCT. XARISMA SHALL IN NO EVENT BE LIABLE FOR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOSS DUE TO BUSINESS INTERRUPTION ARISING FROM ANY BREACH OF THESE WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF XARISMA OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, XARISMA’S WARRANTIES SHALL NOT APPLY TO ANY PRODUCT IF BUYER ALTERS OR ABUSES SUCH PRODUCT OR REPLACES ANY PART OR PARTS OF SUCH PRODUCT WITH ANY PART OR PARTS NOT PRODUCED, SOLD OR OFFERED FOR SALE BY XARISMA OR IF BUYER DOES NOT ALLOW XARISMA THE OPPORTUNITY TO INSPECT THE PRODUCT BEFORE IT IS REPAIRED OR REPLACED. EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, XARISMA HEREBY DISCLAIMS ANY AND ALL WARRANTIES EXPRESS OR IMPLIED, AND SPECIFICALLY AND WITHOUT LIMITATION, DISCLAIMS AND PRECLUDES ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
No individual or entity, whether or not employed by Xarisma, is authorized to modify any written warranty made by Xarisma or make additional warranties binding upon Xarisma. Any additional statements, such as those contained in advertising, presentations of promotional materials, or literature of the manufacturer, distributor or dealer, whether oral or written, do not constitute warranties by Xarisma and should not be relied upon as a warranty by Xarisma.