Hog Slat Limited Warranty Policy Precast Concrete
Your Obligations/How to make a Claim: This warranty is expressly conditioned on the Purchaser giving written notice to Hog Slat, Inc., of any claim of a defect covered by the warranty within sixty (60) days of the first visible evidence of a defect or failure and maintaining the Product in a safe and secure condition so that the Product may be timely inspected by Hog Slat, Inc. to make a determination whether the product has failed and is defective and whether the warranty applies. All notices shall be sent by certified mail return receipt requested to “Claims – Hog Slat, Inc. P.O. Box 300 Newton Grove, NC 28366” and shall include a copy of the purchase invoice, a statement of the nature of the failure, the location of the Product, and the contact information for the Purchaser. Upon receipt of the notification Hog Slat, Inc. will make such investigation as it deems appropriate, and as a part of the same Purchaser shall cooperate and make both the Product and site of the Product available for inspection. Hog Slat, Inc. will thereafter make a determination whether the Product has failed due to a defect in material or workmanship that is covered and not excluded by this warranty and notify to Purchaser of that determination as well as the pro-rata cost of the repair or replacement, if any. In the event Hog Slat, Inc., determines that a failure has occurred due to a defect in material or workmanship that is covered by this warranty, the Purchaser shall cooperate with Hog Slat, Inc. in allowing reasonable access to the Product or Product site, and after the initial five years of the warranty, make payment of the pro-rata cost of the repair or pro-rata price of the Replacement Product and costs of shipping, prior to Hog Slat, Inc. making the repair or delivering the Replacement Product. In the event Hog Slat, Inc. determines that the Product has not failed due to a defect in material or workmanship and that the warranty does not apply, Purchaser shall have the right to challenge this decision by filing a demand for arbitration within sixty (60) days of receipt of Hog Slat, Inc.’s decision in accordance with the terms of this warranty set out below. Arbitration : Any claim or dispute relating to this warranty shall be resolved through final and binding Arbitration to be administrated by the American Arbitration Association (“AAA”). All Mediations and Arbitrations shall be governed by AAA’s Rules and Procedures and the fee schedule in effect at the time such claim is filed. Any award of the Arbitrator is final and binding, and may be entered as a judgment in any court having jurisdiction. In the event any portion of this warranty is finally determined unenforceable, that portion shall not be effective and the remainder of the warranty shall remain effective. This provision shall be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. §1-16. THE FOREGOING LIMITED WARRANTY IS HOG SLAT, INC.’S SOLE AND EXCLUSIVE WARRANTY FOR THE PRODUCT AND IS EXPRESSLY GIVEN IN LIEU OF ANY AND ALL OTHER WARRANTIES EXPRESSS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY ARISING FROM PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE AND THERE ARE NO WARANTIES EXTENDED BEYOND THOSE DESCRIBED ON THE FACE HEREOF. This Warranty is governed by the laws of North Carolina.
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