POWERNAIL® Company, Inc. warrants to its customer, and to the first end-use purchaser of POWERNAIL flooring nailers purchased from an authorized POWERNAIL distributor, that each serialized manufactured nailer by POWERNAIL®, for a period of 12 months from the date of purchase, and with respect to the nailer body , for a period of 10 years (specifically the Model 200, 445 series, 445FS series, and 50P series mallet-actuated pneumatic tools) and for a period of 5 years (specifically the Models 2000F, 50F, 1845F trigger-pull pneumatic tools) from date of purchase, (“warranty period”); shall be free of defects in materials and workmanship and will meet POWERNAIL’s specifications in effect at the time of Product shipment. POWERNAIL will repair or replace, at its option, any Powernailer® that does not conform to this warranty. Claims must be made no later than fifteen (15) days after the end of the warranty period. POWERNAIL will perform all repair or replacements itself or through its authorized contractors. POWERNAIL is not responsible for shipping, labor or other direct or indirect costs. Damage caused by abuse, misuse, unusual or excessive wear is excluded. Repair or modification of the Products by unauthorized parties will void this warranty. The customer is responsible for returning Products to POWERNAIL for verification of nonconformance. Warranties for Products not manufactured by POWERNAIL are limited to warranties provided to POWERNAIL by the manufacturer of such product that are assignable to customer.
THESE WARRANTIES AND REMEDIES ARE EXCLUSIVE OF ALL OTHERS, EXPRESS OR IMPLIED. THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE ARE EXPRESSLY EXCLUDED. IN NO EVENT SHALL POWERNAIL’S LIABILITY FOR A WARRANTY CLAIM EXCEED THE PRICE PAID TO POWERNAIL FOR THE NONCONFORMING PRODUCT, REGARDLESS OF THE FORM OR BASIS OF THE CLAIM OR CAUSE OF ACTION.