Terms & Conditions
Marshall Concrete Products, Inc. (MCP) warrants to the Purchaser that at the time of delivery, the goods sold hereunder will conform substantially to the description on the face hereof. MCP warrants that all labor & materials provided to the Purchaser has been done in a workmanlike manner and provided to Purchaser to meet industry standards. This warranty terminates one year from the date the labor and materials were provided to Purchaser. MCP does not, under any circumstances, warrant the performance of concrete which is not adequately cured, is improperly handled and/or finished, or is not fit for the intended use after discharge to Purchaser. The remedies of the Purchaser for any breach of the foregoing warranty of any claim with respect to the services and materials provided by MCP under this agreement, whether in tort or contract, shall be limited to the replacement of the defective work or materials or, at the option of MCP, a refund of the price paid by Purchaser for such work. In no event shall a refund exceed the charges paid by Purchaser for the particular work involved. MCP DISCLAIMS ALL OTHER WARRANTIES, NOT EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE.
Limitation of Damages:
Under no circumstances will MCP be liable for lost profits or any other incidental or consequential damages notwithstanding the fact that MCP has been advised of the possibility of such damages. No agreement varying or extending the foregoing warranties, remedies or limitations will be binding upon MCP unless in writing and signed by a duly authorized representative of MCP. Purchaser agrees that MCP will not be liable for any special, indirect, or consequential damages, lost profits, or for any claim or demand against Purchaser by any other party. The sole purpose of the stipulated exclusive remedies shall be to provide Purchaser correction of defects.