Element Glo Limited Warranty
Element Glo, Inc. warrants* its glow in the dark aggregates will be free of manufacturer defects and will glow for the lifetime of the surface for which they are correctly installed.
*This warranty is only valid for the original purchaser of our glow in the dark aggregates.
Element Glo is not liable under this warranty damages caused by natural weather disasters such as tropical storms, hurricanes, earthquakes, lightning or other disasters or accidents caused by humans such as fires, bombs, or other unforeseen circumstances. Element Glo is also not liable under this warranty for structural failure or substrate failure, normal wear and tear, improper coatings, improper chemicals that do not allow light to contact the glow in the dark aggregates, or aggregates installed in areas where constant light is hitting the aggregates during the day and night, or if aggregates are installed in heavy traffic areas where opaque residue such as dirt, mud, or tar may cover the aggregates over time. Finally, Element Glo is not liable under this warranty if glow in the dark aggregates are installed improperly into any surface.
ELEMENT GLO GLOW IN THE DARK AGGREGATES GUARANTEE
Element Glo guarantees that our glow in the dark aggregates are manufactured in the United States using premium materials that are superior to any other similar products on the market. Element Glo glow in the dark aggregates will not harm or cause wear on the surface for which they are installed and will maintain visible glow for up to 12 hours when charged by the sun or UV light for a minimum of 10 minutes. Please refer to “Warranty Exclusions” and “Warranty Limitations.”
EXCEPT FOR THE EXPRESS WRITTEN WARRANTY CONTAINED HEREIN, ELEMENT GLO MAKES NO OTHER WARRANTIES, GUARANTEES OR INDEMNITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, COURSE OF DEALING, USAGE OF TRADE, CUSTOM OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER WARRANTIES, GUARANTEES AND INDEMNITIES ARE HEREBY DISCLAIMED, OVERRIDDEN AND EXCLUDED FROM THIS TRANSACTION FOR THE WARRANTY TERM AND BEYOND THE WARRANTY TERM.
LIMITATION OF REMEDIES AND EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES: ELEMENT GLO’S LIABILITIES ARE LIMITED SOLELY AND EXCLUSIVELY TO THE OBLIGATIONS SPECIFICALLY UNDERTAKEN HEREIN, AND UNDER NO CIRCUMSTANCES WILL MANUFACTURER BE LIABLE OR OBLIGATED FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SALES, LOSS OF GOODWILL, USE OF MONEY, USE OF GOODS, STOPPAGE OF WORK, OR IMPAIRMENT OF ASSETS), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, FRAUD, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEPT AND ONLY TO THE EXTENT THIS LIMITATION IS SPECIFICALLY PRECLUDED BY APPLICABLE LAW OF MANDATORY APPLICATION. ELEMENT GLO’S LIABILITY, WITH RESPECT TO DEFECTIVE PRODUCTS, SHALL IN NO EVENT EXCEED THE REPLACEMENT OF SUCH PRODUCTS OR REFUND OF THE PURCHASE PRICE. Please see “Return Policy.”
Some states and provinces do not allow the exclusion or limitation of incidental or consequential damages and/or limitations on how long an implied warranty lasts so the above exclusions and/or limitations may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights that vary from state to state or province to province.
This warranty is applicable in the United States of America and Canada.
This writing is understood and intended to be the final expression of the parties’ agreement and is a complete and exclusive statement of the terms and conditions with respect thereto, superseding all prior agreements or representations, oral or written, and all other communication between the parties relating to the subject matter of this warranty. This warranty may not be altered or amended except in a written instrument signed by Manufacturer and Purchaser or permitted transferee. No agent, employee or any other party is authorized to make any warranty in addition to that made herein and Element Glo shall not be bound by any such statements other than those contained in this warranty.
Element Glo reserves the right to discontinue or modify the manufactured aggregates covered under this warranty at any time without notice.