110 TERMS & CONDITIONS (CONTINUED) To obtain warranty service or a copy of the product warranty, contact your local dealer and/or the contractor from whom you purchased this product. © 2022 (Revised 12/2021) Mansfield Plumbing Products LLC • PHONE: 877-850-3060 • FAX: 419-938-6234 • EMAIL: custserv@mansfieldplumbing.com www.mansfieldplumbing.com | Customer Service: phone 877-850-3060 • fax 419-938-6234 Mansfield | V1.24 List Price Book TERMS & CONDITIONS Mansfield Plumbing Products’ Limited One-year Warranty unless otherwise noted. EXCEPT AS EXPRESSLY SET FORTH IN THE LIMITED ONE-YEAR WARRANTY APPLICABLE TO THE SPECIFIC PRODUCTS, MANSFIELD PLUMBING PRODUCTS MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND MANSFIELD PLUMBING PRODUCTS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRNATIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Limitation of Liability: Mansfield Plumbing Products’ liability for any and all claims of any kind, including negligence, for any loss or damage arising out of, connected with or resulting from Mansfield Plumbing Products’ performance or breach of the terms hereof shall, in the aggregate, not exceed the purchase price of the particular product. IN NO EVENT SHALL MANSFIELD PLUMBING PRODUCTS BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF PERFORMANCE OF OR FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER, WHETHER OR NOT MANSFIELD PLUMBING PRODUCTS HAD BEEN ADVISED OR KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES. Severability: If any portion or provision of these terms applicable to any situation or circumstance is held invalid, the remainder of these terms or the remainder of such provision (as the case may be), and the application thereof to other situations or circumstances shall not be affected thereby. Waiver: Waiver by Mansfield Plumbing Products of any breach of these terms shall not be construed as a waiver of any other breach. Assignment: None of the Buyer’s rights under these terms shall be assigned or otherwise transferred by the Buyer to any other person, whether by operation of law or otherwise, without Mansfield Plumbing Products’ prior written approval. Law and Arbitration: These terms are governed by the laws of the State of Ohio. Any controversy or claim arising out of or relating to these terms or the breach hereof shall be finally settled by arbitration in Ashland County, Ohio in accordance with the prevailing commercial rules of the American Arbitration Association, and the parties shall have the right to take depositions and obtain discovery regarding the subject matter of the arbitration as if the subject matter of the arbitration were ending in a civil action before a Common Pleas Court of the State of Ohio. Pending decision by the arbitrator(s), the parties shall diligently proceed pursuant to the terms and conditions hereof. The award of the arbitrator(s) shall be final, binding and conclusive on the parties hereto and their successors and assigns. Judgment upon an arbitration award hereunder may be entered in any court having jurisdiction thereof or application may be made to any court for individual acceptance of the award or any order of enforcement, as the case may be. Assent: Receipt by Buyer of Mansfield Plumbing Products’ acceptance of Buyer’s order or Buyer’s receipt of the products without prompt objection to these terms and conditions constitutes acceptance by the Buyer of these terms and conditions.
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