Wall Media Warranty

A. Wall Media Warranty. Customer understands that by purchasing the Products, Customer is relying on the manufacturers’ specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the products that may be provided by a Seller or its Affiliates. MANUFACTURER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY OTHER MANUFACTURER’S WARRANTY. Customer expressly waives any claim that it may have against Seller or its Affiliates based on any product liability or infringement or alleged infringement of any patent, copyright, trade secret or other intellectual property rights (each a “Claim”) with respect to any Product and also waives any right to indemnification from Seller or its Affiliates against any such Claim made against Customer by a third party. Customer acknowledges that no employee of Seller or its Affiliates is authorized to make any representation or warranty on behalf of the Manufacturer or any of its Affiliates that is not in this Agreement.

B. Product Warranty. PrestoTex/PrestoTex warrants its wall media to be free from defects in material for a period of one (1) year from the date of purchase (the "Warranty Period"). This warranty applies only to the original purchaser of the product and is not transferable. This warranty covers defects that affect the functionality of the wall media, such as adhesive failure, tearing, or shrinking when Product is properly printed and installed on a smooth surface, in strict accordance with the recommended preparation and hanging procedures outlined in the installation instructions, and are adequately maintained and used under normal conditions. This warranty does not cover damage caused by: Improper installation or use, normal wear and tear, abuse, neglect, or accident, incompatible surfaces, use of unauthorized cleaning product, damage to the wall surface upon removal of the media. To obtain warranty service, the customer must contact PrestoTex within the Warranty Period and provide proof of purchase. The customer must return the defective product to PrestoTex for inspection.

C. Limitation of Remedies. Except as otherwise expressly and specifically provided herein in Section A., regardless of the form of action (whether in contract or in tort, including negligence and misrepresentation), neither party shall be liable for special, indirect, consequential, incidental, punitive or exemplary damages, or for any claim for the loss of profits, business, use of data or information, or damage to good will.