6. TAXES. Federal, state, or local taxes, including without limitation sales and/or use taxes, VAT taxes, GST taxes, transfer taxes or any similar tax are not included in the quoted price for the Products, will be separately set forth in the invoice and will be paid by Customer. Customer will provide EZ Finishes, Inc. with all applicable reseller exemption certificates.
7. WARRANTY. EZ Finishes, Inc. warrants only that all Products manufactured by EZ Finishes, Inc. shall be free from defects in material and workmanship; provided, however, that this warranty shall be limited to Products found to be defective within a period of 90 days from the date of shipment (“Warranty Period”).Products which are not manufactured by EZ Finishes, Inc. shall carry only the warranty offered by the original manufacturer, to the extent such warranty may be transferred to Customer, and no warranty by EZ Finishes, Inc. Customer’s sole and exclusive remedy for any liability of EZ Finishes, Inc. of any kind, including (a) warranty whether contained in these Terms and Conditions of Sale, or in any terms additional or supplemental hereto agreed to by the parties, (b) contract, (c) negligence, (d) tort, or (e) otherwise, is limited to the repair or replacement by EZ Finishes, Inc. of those Products which an examination by EZ Finishes, Inc. reveals to be in breach of warranty during the Warranty Period, or at EZ Finishes, Inc. option to refund to Customer the money paid to EZ Finishes, Inc. by Customer for such Products. EZ Finishes, Inc. will have no obligation to remedy defects unless, within the Warranty Period, Customer gives EZ Finishes, Inc. written notice of its claim. In no event shall EZ Finishes, Inc. incur any obligation to repair or replace Products that are determined by EZ Finishes, Inc. to be defective due to Customer misuse, or due to use not in accordance with applicable labeling. EXCEPT FOR THE EXPRESS WARRANTY STATED HEREIN, EZ FINISHES, INC. DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PRODUCTS, WHETHER ORAL, WRITTEN, EXPRESS, OR IMPLIED, INCLUDING WITHOUT LIMITATIONTHE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. The return of Products that are subject to warranty claims is subject to the terms of Section 12 of these Terms and Conditions.
8. DELIVERIES. EZ Finishes, Inc. will use reasonable efforts to fill this Order in accordance with the estimated shipping date, but will not be responsible for any delays in filling this Order nor liable for any losses, costs, damages, expenses or liabilities resulting from such delays, and this Order will not be subject to cancellation for such delays. EZ Finishes, Inc. reserves the right to make either early shipment or partial shipments and to invoice Customer accordingly.
9. EXCUSABLE DELAYS. EZ Finishes, Inc. shall not be liable for loss, damages, detention, or delays resulting from causes beyond its reasonable control including but not limited to strikes, restrictions of the United States Government or other governments having jurisdiction, delays in transportation, inability to obtain necessary labor, materials, or manufacturing facilities, fires, floods, or other natural disasters.
10. INSTALLATION/SERVICE; INDEMNIFICATION. Customer will install any Products requiring installation, unless otherwise agreed to in writing with EZ Finishes, Inc. Customer will indemnify, defend and hold EZ Finishes, Inc. harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees), regardless of the theory of liability, incurred by or threatened against EZ Finishes, Inc. in connection with any modifications to the Products by Customer, the incorporation of Products into any product, the extension of any warranties beyond those provided herein, or any other acts or omissions of Customer related to the sale or distribution of the Products.
11. CANCELLATION. Cancellation of Orders by Customer is not acceptable without the express written consent of EZ Finishes, Inc.. All cancelled Orders will be subject to cancellation charges, which will include all expenses incurred by EZ Finishes, Inc. and lost profits and other consequential damages on the cancelled Order.
12. RETURNS. Customer has 90 days from the date of sale to request a return. Products must be in new re-sellable condition. If Products are dirty, damaged or otherwise in less than new condition the Products will not be approved for return. Chemical Products that have been opened are not eligible for return. Products cannot be past expiration date or older than 12 months whichever is applicable.
13. LIMITATION OF LIABILITY. EZ FINISHES, INC. WILL NOT BE LIABLE FOR ANYLOST PROFITS, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, WHETHER ARISING UNDER WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER CAUSE OR COMBINATION OF CAUSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE OF THE