HOMEXIXCATALOGXIXWARRANTYXIXRETURNSXIXOEM SALES REPSXIXABOUT USXIXCLOSEOUT ITEMS
WARRANTY STATEMENT
General Product Limited Warranty:
ITC warrants, to the original consumer, that the product will be free of defects in materials and/or workmanship for the period of time set forth herein. This warranty period will begin from the later of the original date of purchase of the product or the date of sale of the recreational vehicle or boat in which the product is installed is first sold to the first consumer provided that adequate documentation of said consumer sale date is provided to ITC. Adequacy of the authenticity of the consumer sale date will be determined by ITC in it sole discretion. In the event the consumer sale date is not provided or not determined to be adequate by ITC, then the warranty period will begin on the original date of purchase of the product from ITC. Except as set forth below, this general product limited warranty will extend for three years. All exterior faucets, exterior showers, exterior plumbing products, and clocks will have a one year warranty period. All assist handles will have a two year warranty period, provided that crazing caused by chemical attack from a contaminant is not covered by any warranty. Products that are primarily comprised of 316 stainless steel will have a five year warranty period. Bulbs, including halogen, incandescent, xenon, and light emitting diodes (LEDs) are excluded from the warranty.

MAXIMUM LIABILITY
ITC's liability to repair or replace a damaged item shall be limited to the original purchaser of the item at the original invoice price of the damaged unit, acceptable labor charges, acceptable freight charges, and dealer charge backs mandated by state law. ITC will not credit customers for excessive labor or freight charges or unauthorized dealer or customer markup fees. Acceptable freight and labor charges are available from ITC upon request.

INSPECTION
ITC reserves the right to review the damaged product and the site where the damage occurred. ITC may require the purchaser to ship the item to ITC for inspection. The damaged item must remain available for inspection until the claim is finalized. In the event ITC requests to inspect the product, it agrees to dispatch its findings pertaining to the alleged defective product within 45 days of receiving the product. Whenever claims are settled, ITC reserves the right to be subrogated under any existing insurance policies the purchaser may have.

EVENTS THAT VOID WARRANTY
All above warranties are null and void if any one or more of the following events occurs: (a) the item is not provided to ITC for inspection upon ITC's request; (b) ITC determines that the item has been improperly installed, altered in any way or tampered with; (c) ITC determines that the item was not used under normal operating conditions or in accordance with labels or instructions for the item including, (d) ITC determines the product was not properly maintained, and/or; e) ITC determines that an unauthorized repair, modification, disassembly, or other changes to the product created the alleged defect. In addition to the foregoing, this Warranty does not protect against damage to the product when ITC determines, in its sole discretion, that the damage resulted from acts of God such as lightning, flood, earthquake, war, vandalism, theft, normal-use wear and tear, terrorism, strikes, and labor stoppages. This warranty specifically excludes damage, deterioration or discoloration caused by sunlight or similar ultraviolet rays and/or wavelengths and/or dents, holes or scratches to the unit caused by stones, rocks, debris and/or vehicles.

EXCLUSIVE REMEDY This Warranty contains the sole warranty of ITC with respect to the product and is given in lieu of all other warranties. There are no other warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose and any implied warranties that cannot be waived and/or excluded are hereby limited in duration to the terms of this Warranty.1

LIMITATION ON LIABILITY
In no event shall ITC or any affiliate of ITC be liable for direct, indirect, special, incidental, consequential, or multiple damages arising out of the use of the item, regardless of the legal theory on which such claim is based, even if ITC has been advised of the possibility of such damage. Consequential damages shall include, but are not limited to loss of profits, loss of savings or revenue.

1 - Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not be applicable.

CONDITIONS OF SALE
  1. Expiration of Quotation. Any quotation by ITC, Incorporated ("ITC") will be held open for acceptance for a period of 60 days from the date of the quotation; however, ITC reserves the right to correct clerical and typographical errors, including price and quantity numbers, within 15 days after acceptance of an order based on the quotation.
  2. Acceptance. This order is subject to the following terms and conditions. Terms stated by the Buyer in any other communication, prior or subsequent hereto, shall NOT be binding on ITC if different from or in addition to any of the provisions hereof or the quotation, unless expressly agreed to in writing by ITC. Acceptance by the Buyer of this order, orally or in writing, or of any goods provided hereunder or payment therefore, shall constitute acceptance of these terms and conditions.
  3. Payment. Payment is due on a NET 30 DAYS basis unless otherwise agreed in writing. All payments not made by the due date shall bear interest at a rate of 1½% per month. If the Buyer fails to fulfill the terms of payment, or ITC has any doubt at any time as to the Buyer's financial responsibility, ITC may either decline to make further deliveries except upon receipt of cash or other satisfactory security, or may terminate the entire agreement. The Buyer shall reimburse ITC for any costs of collection incurred in collecting any past due sums, including attorney's fees. To secure the Buyer's obligation to pay ITC the purchase price of the goods, the Buyer grants to ITC a security interest in the goods and any proceeds thereof, with full rights as a secured party under the Uniform Commercial Code, and the Buyer appoints ITC as its attorney in fact to sign any financing statements evidencing such security interest on behalf of the Buyer.
  4. Shipment and Risk of Loss. The Buyer shall take delivery of the goods F.O.B. ITC's facility at 230 East Lakewood Blvd., Holland, Michigan 49424, unless otherwise agreed in writing. Method and route of shipment are at ITC's discretion, unless the Buyer supplies instructions otherwise. All expenses and risks of loss or any damages incurred in the transportation of the goods, including any risks of loss in loading or unloading, shall be borne solely by the Buyer, unless otherwise specified. All claims for loss, damage or delay against the carrier must be made by the Buyer. The Buyer shall accept partial delivery of any order and any defect related to said partial delivery or failure to make any subsequent partial delivery shall be severable and not constitute a breach of the entire agreement.
  5. Delays and Damages. ITC shall attempt to make deliveries in accordance with its quotation or production order, but if for any reason ITC fails to make such deliveries or to make them within the time stated, or cancels any order, ITC shall not be liable for any loss or damage resulting from any such failure or delay in delivery, or from any such cancellation or for loss of use or loss of profits, or for any other consequential, incidental or special damages on account of delay in delivery.
  6. Rejection of Non-Conforming Goods. The Buyer must notify ITC in writing of any rejection of goods deemed non-conforming within 6 months of delivery. The notification shall identify each alleged non-conforming of the goods and describe that portion of the shipment being rejected. If the Buyer shall fail to give such notice or if the Buyer uses the goods in any manner inconsistent with the rights of ITC, the goods shall be deemed to conform to the terms hereof in all respects and the Buyer shall be bound to accept and pay for the goods in accordance with these terms.
  7. Cancellation or Modification. Any order accepted by ITC may be canceled or modified by the Buyer only upon the written approval of ITC. The Buyer shall reimburse ITC for all expenses incurred by ITC in connection with such order, including without limitation for engineering drawings and materials. Custom parts specifically designed and/or manufactured for the Buyer are subject to notification in writing to ITC by the Buyer in the event of any one of the following occurrences: 1) the termination of any program that would affect the custom part purchases, 2) any engineering change pertaining to the custom part, and 3) any decision that would cause the Buyer to cease purchases of the custom part. In any one of these occurrences, other than non-performance by ITC, the Buyer agrees to pay ITC for inventory held by ITC.
  8. Limited Warranty and Limitation of Remedy and Damages. ITC warrants the goods to be free from defects in design, material or workmanship under normal operating conditions for two years from the date of delivery, regardless of the date of installation or first use. Any claim under this warranty shall be deemed waived unless ITC is notified within 30 days of the discovery of the defect and given the opportunity to inspect such defect, and, if necessary, the goods are returned to ITC. ITC?s obligation under this warranty shall be LIMITED, at its option, to the modification, repair or replacement of the goods by ITC. In no event shall ITC be liable for consequential, incidental or special damages, loss of profit or production, or for transportation, installation or other costs associated with the goods.
    THIS WARRANTY IS EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This warranty shall not apply to any goods which have been subject to abuse, accident, alteration or misuse.
  9. Limitation of Liability. ITC's liability on any claim of any kind, including negligence, strict or product liability, or breach of warranty or contract, for any loss or damage arising out of or connected with this contract, or the performance or breach thereof, or the manufacture, sale or use of the goods furnished hereunder shall in no case exceed the price allocable to such goods which gives rise to the claim, and shall not include any liability for any consequential, incidental or special damages.
  10. Reliance Upon Buyer's Information. In the preparation of the quotation and the goods, ITC has relied on information supplied by the Buyer. In the event such information is inaccurate, ITC shall not be liable for any claim resulting from such inaccurate information, including negligence, strict or product liability, or breach of warranty or contract, with respect to the goods, the performance of breach of this contract, or any defects of design, material or workmanship.
  11. Indemnification. Buyer shall defend, indemnify and hold harmless ITC and its agents from any claims, damages or expenses including attorneys? fees, arising or alleged to arise from any asserted deficiencies or defects in the goods caused by any alteration thereof with or without ITC's consent made by the Buyer, the improper handling, storage or installation by the Buyer, or any action taken by the Buyer which voids the UL certification.
  12. Nonperformance. Neither party shall be liable to the other for failure to perform its obligation in whole or in part when performance is prevented by flood, drought, fire or any other casualty, war, riot, insurrection, acts of God, restrictions or interference by any government or governmental agency, strike, labor action, or any similar cause beyond the control of the party failing to perform, for the period during which such cause of failure exists.
  13. Limitation Period for Bringing Action. No action may be commenced to enforce this contract or for any breach hereof, or for any defect or deficiency of the goods to be delivered hereunder, whether on warranty, contract, negligence, or strict products liability, unless such action is brought within 12 months after accrual of such cause of action.
  14. Choice of Law and Forum. This contract shall be governed by the laws of the State of Michigan, notwithstanding any state's choice of law rules to the contrary. The Buyer consents and agrees that any action brought to enforce this contract, or for any breach hereof, or for any defect or deficiency of the goods to be delivered hereunder, whether on warranty, contract, negligence, or strict products liability, shall be brought solely in a state or federal court sitting in the State of Michigan, and the Buyer consents and submits to the jurisdiction of such court.

©2009 ITC Incorporated,
230 E. Lakewood Blvd., PO Box 8338; Holland, MI 49422-8338
Phone: (616) 396-1355 - Fax: (616) 396-1152 - E-Mail : sales@itc-us.com