SPLATS™ PROTECTIVE SLATS SIX YEAR WARRANTY

SPLATS™ PROTECTIVE SLATS
WARRANTY AND LIMITATION OF LIABILITY
IPP warrants to the Customer for a period of six (6) years from the date of manufacture that the goods conform to the specifications for such goods as outlined in the product technical data sheet applicable thereto, and shall be free from defects in workmanship. All claims made in accordance with the terms of this warranty are waived if (a) Customer fails to give IPP notice of any claim within the warranty period and immediately after discovery of the claimed defect, or (b) Customer has used the goods otherwise than in accordance with the specifications therefor, or otherwise misused the goods, or the goods were not properly installed. Customer's sole and exclusive remedy in cases of delivery of goods which breach the terms of this warranty is governed by the warranty provisions set forth herein, and IPP must give written authorization before any goods may be returned to IPP. IPP shall be given reasonable opportunity to inspect such goods. Provided that inspection by IPP verifies the Customer's warranty claims, or otherwise with respect to any claim made by Customer pursuant to this transaction except as otherwise provided in these terms and conditions, CUSTOMER'S SOLE AND EXCLUSIVE REMEDY PURSUANT TO ANY CLAIM OF ANY KIND ARISING OUT OF OR CONNECTED WITH ANY ORDER FOR PURCHASE OF GOODS, INCLUDING, BUT NOT LIMITED TO A CLAIM IN CONTRACT, WARRANTY, OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR STRICT LIABILITY), STATUTORY OR REGULATORY PROVISIONS, INDEMNITY, CONTRIBUTION, OR OTHERWISE IS, AT IPP'S OPTION, (i) THE REPLACEMENT OF THE GOODS OR PORTIONS THEREOF, OR (ii) A REFUND OR CREDIT OF ALL OR A PORTION OF THE PURCHASE PRICE PROVIDED THAT CUSTOMER RETURN TO IPP THE GOODS IN ACCORDANCE WITH IPP'S INSTRUCTIONS. Customer further agrees that any accommodation to Customer by IPP, whether for sales policy reasons or otherwise, shall not be taken to establish any liability of IPP or any contract term inconsistent herewith.

THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT, REGARDLESS OF THE FORM OF ACTION, SHALL IPP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING ATTORNEYS' FEES), ARISING OUT OF THE SALE OF GOODS TO CUSTOMER OR ARISING OUT OF ANYTHING DONE IN CONNECTION WITH THIS TRANSACTION, INCLUDING, BUT NOT LIMITED TO, LOSSES OR DAMAGES ARISING OUT OF CLAIMS FOR LOSS OF BUSINESS, GOODWILL, OR PROFITS, AND CLAIMS ARISING OUT OF THIRD PARTY ACTIONS, REGARDLESS OF WHETHER SUCH THIRD PARTY ACTIONS, OR ANY OTHER CLAIMS, LOSSES, OR DAMAGES, WERE REASONABLY FORESEEABLE TO CUSTOMER OR IPP, AND CUSTOMER HEREBY WAIVES, FOR ITSELF AND ITS SUCCESSORS AND ASSIGNS ANY SUCH CLAIMS AGAINST IPP. All information, recommendations for use, and descriptive material about the goods provided by IPP are for informational purposes only, and do not constitute a warranty of any kind by IPP. Customer acknowledges and agrees that Customer had independently determined the suitability of the goods for Customer's purposes. IPP is under no obligation to review or question any information provided by Customer with respect to the goods, and expressly disclaims any damages resulting from inaccurate or incomplete information provided by Customer. The warranty set forth herein cannot be changed or modified, whether by course of dealing, custom, trade or otherwise, unless agreed to in writing by an officer of IPP. No salesman, representative or other agent of IPP is authorized to give any guarantee or warranty or make any representation in addition or contrary to the foregoing.

Innovative Protective Products, LLC (“IPP”) sells Splats™ Slats for use in creating rolling shutters that can help protect homes and businesses in case of hurricane in warm climate conditions. IPP does not warranty component parts necessary to craft or install rolling shutters using these slats. IPP warrants only the Splats™ Hurricane Slats sold by it. Any defect in component parts or installation shall be the sole responsibility of the person or entity that provided the consumer with such parts or installation and IPP expressly disclaims liability for same.