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Track Corporation is the industry leader in providing a warranty for its fixed seating products. We believe we are able to provide a limited LIFETIME warranty because of our superior products which are the result of our Engineering and Manufacturing expertise. Track Corporation is also ISO 9001 Certified.
Limited Lifetime Warranty
Track Corp., d/b/a Track Seating (“Track”) warrants only to the original end customer at the original installation site that the following components (“components”) of its Indoor and Outdoor Product Lines with the Fast Track Finishes Program (the “products”) will be free from defects in materials and workmanship that materially impair the value of the products to the customer under normal use and service consistent with their design. The duration of this warranty is described below and will run from the date that the product is originally shipped by Track Seating to customer. The warranty becomes effective upon payment in full of the complete Track Seating project price.
If any component is determined by Track to be defective during the applicable warranty period, and if the customer notifies Track in writing of its discovery of the claimed defect within 30 days of such discovery, then Track will, at its option, either repair or replace the defective component at Track’s expense. This warranty will not apply (1) if the component or the product is damaged because of unusual use, abuse, ordinary wear and tear, acts of God, vandalism, flood, fire or calamity, or by refurbishing or servicing (including re-painting, removal and reinstallation) by customer or someone other than Track or (2) if customer fails to notify Track of a defect within the applicable warranty period. A component is not defective to the extent that it conforms to any specifications or samples approved by customer. Track may require the return of the defective component for examination by Track. Track will remove, return and re-install the defective component (or have it removed, returned and re-installed) at Track’s expense only if Track originally installed the product and only during the first year of the warranty. Customer is responsible for such costs under all other circumstances. In no event shall Track’s liability for any defect in a product, whether based on contract, tort, warranty, strict liability or any other theory, exceed the purchase price of the defective product. This paragraph sets forth Customer’s sole and exclusive remedies for any defect in the products or the components.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. THE OBLIGATION OF ANY SURETY INVOLVED IN THIS WARRANTY CEASES 365 CALENDAR DAYS AFTER SUBSTANTIAL PROJECT COMPLETION. TRACK AND THE MANUFACTURES WHOSE WARRANTIES ARE PASSED THRU ARE SOLELY RESPONSIBLE 365 DAYS AFTER SUBSTANTIAL COMPLETION OF THE PROJECT. Customer is solely responsible for determining the proper application and use of the products and components and shall cause the products and components and their installation and use to conform to all applicable laws and standards. Track shall not be liable to the customer or to anyone else for consequential, incidental, special, exemplary, indirect, or punitive damages (including loss of use) arising from any defect, delay, non-delivery, recall, or other breach, including, but not limited to, personal injury, death, property damage, lost profits, or other economic injury. Track shall not be liable to the customer or anyone else in tort for any negligent design or manufacture of any products or components, or for the omission of any warning with respect thereto. Track reserves the right to alter its materials, designs, processes, specifications and warranties to other customers in the future without liability to customer. Any action that Customer brings against Track for breach of this limited warranty or for any other claim that arises out of or relates to the products or their design, manufacture, sale or delivery or the services must be brought within 1 year after the cause of action accrues.
No person (including an installer, dealer, agent or employee of Track) may modify or expand the warranty provided herein, waive any of the limitations, or make any different or additional warranties with respect to the products or components. Any statements to the contrary are null and void unless made in a writing signed by an authorized officer of Track.
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