Subject to the limitations and exclusions set forth below, Workplace Systems, Inc. (“Workplace”, “we”, “us”, or “our”) warrants to the original purchaser (“you” or “your”) that each Workplace-manufactured product purchased by you from Workplace (a “Warranted Product”) will be free from defects in materials and workmanship under normal use and service for as long as you retain ownership, possession, and control of the Warranted Product (the “Limited Warranty”).  The Limited Warranty is provided only to you and is not transferable.

2.0       Warranty Procedures

2.1       If you believe that a Warranted Product is defective and covered by the Limited Warranty, then you must notify us in writing and provide us with your date of purchase and original invoice number, as well as a description of the defect.

2.2       Unless we determine that the Limited Warranty does not apply to your  claim, we will provide you with a warranty claim number and shipping instructions to return the Warranted Product to us, at your expense.

2.3       Upon receipt of the Warranted Product in accordance with our shipping instructions, we will examine the Warranted Product to determine if the defect is covered by the Limited Warranty.

2.4       If we determine that the defect is covered by the Limited Warranty, then, as our sole responsibility and your sole right and remedy, we will (a) at our option, either repair or replace the defective Warranted Product (or, if applicable, defective part), (b) return the repaired or replaced Warranted Product to you at our expense, and (c) issue to you a credit for the reasonable shipping costs incurred by you in returning the defective Warranted Product to us.  The repaired or replaced Warranted Product will be covered by the Limited Warranty in the same manner as the original Warranted Product that you purchased from us.

2.5       If we determine that the defect is not covered by the Limited Warranty, then we will (a) notify you of our determination, and (b) upon receipt of shipping instructions from you, return the defective Warranted Product to you at your expense collect.

3.0       Limitations and Exclusions

3.1       The Limited Warranty does not cover any product or part not manufactured by Workplace (“Third Party Product/Part”), such as work surfaces, casters, electrical fixtures, and motors.  Any Third Party Product/Part is covered only by such warranty, if any, as may be provided by the manufacturer (“Manufacturer’s Warranty”).  To the extent that Workplace is able to do so, Workplace will pass-through to you any applicable Manufacturer’s Warranty on any Third Party Product/Part.

3.2       THE LIMITED WARRANTY IS THE SOLE WARRANTY PROVIDED BY WORKPLACE.  EXCEPT FOR THE LIMITED WARRANTY AND ANY MANUFACTURER’S WARRANTY(IES) THAT MAY BE AVAILABLE ON THIRD PARTY PRODUCTS/PARTS, ALL PRODUCTS AND PARTS SUPPLIED BY WORKPLACE ARE SUPPLIED “AS IS” AND WITHOUT ANY OTHER WARRANTY, EXPRESS OR IMPLIED.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WORKPLACE DISCLAIMS ANY AND ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT).

3.3       All Warranted Products are subject to tolerances and variations consistent with usual industry practices regarding dimensions, straightness, section, composition, mechanical properties, and normal variations in surface and internal conditions and quality and are also subject to tolerances and variations consistent with practical testing and inspection methods.

3.4       Workplace will not be responsible for defects or damage caused by or resulting from (a) any repair, modification, or alteration, unless such repair, modification, or alteration is made by Workplace, (b) abuse or misuse, (c) accident, (d) fire, flood or other act of God, (e) improper installation, (f) neglect, (g) use not in conformity with Workplace-recommended capacities, or (h) use in combination with shelving, storage, or modular units not manufactured by Workplace.

3.5       WORKPLACE DISCLAIMS LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE LOSSES OR DAMAGES THAT YOU MAY SUFFER OR INCUR.  WORKPLACE’S LIABILITY FOR ANY LOSSES OR DAMAGES SUFFERED OR INCURRED BY YOU RESULTING FROM ANY BREACH OF THE LIMITED WARRANTY OR OTHERWISE RELATED TO ANY PRODUCT SHALL IN ALL EVENTS BE EXPRESSLY LIMITED TO THE DIRECT DAMAGES SUFFERED OR INCURRED BY YOU IN AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE PAID BY YOU FOR SUCH PRODUCT.

3.6       You bear the risk of loss or damage during shipment.  Any loss or damage that occurs in transit (including shipments by us to you, or by you to us) is not covered by the Limited Warranty and is not our responsibility.  You should file a claim with the carrier if any such loss or damage occurs.

3.7       The provisions hereof, including the Limited Warranty, shall be governed by and construed in accordance with the laws of the State of New Hampshire, USA, without regard for its conflict of law provisions.  The provisions of the United Nations Convention on Contracts for the International Sale of Goods are excluded.

3.8       The provisions hereof shall be valid and enforced to the fullest extent permitted by law.  If there is a conflict between any provision hereof and any statute, law, ordinance, order, rule, or regulation, the latter shall prevail; provided, that any such conflicting provision shall be curtailed and limited to the minimum extent necessary to bring it within the legal requirements and the remaining provisions hereof shall not be affected thereby.

4.0       Reserved Rights

The Limited Warranty is effective for Workplace-manufactured products that are sold by Workplace on or after the Effective Date set forth above.  Workplace reserves the right to modify the Limited Warranty at any time, in which event the modified Limited Warranty will apply to products sold after the modification takes effect but not to products sold before the modification takes effect.