All Interstar products are guaranteed, at the time of delivery (i) to meet the product specification, (ii) to conform to the description and standards stipulated on the product packaging and (iii) to produce a uniform, limeproof and sunfast color when the product is mixed, applied and used in accordance with the stipulated directions.
All color charts and sample kits are to be used as a guide only and do not represent the final color that may or may not be obtained.
All other warranties of Interstar are expressly disclaimed, including without limitation, any warranties relating to merchantability, fitness for a particular or intended purpose, quality or performance.
Interstar shall in no event be liable for any indirect, consequential, special, incidental, exemplary or punitive damages or similar damage or losses of any nature whatsoever, including without limitation, for any loss of clientele, sales or profits, regardless of whether arising from breach of contract, warranty, tort, delict, quasi-delict, strict liability or otherwise, even if Interstar is advised of the possibility of such damage or loss or if such damage or loss could have been reasonably foreseen.
In the event of any non-confirming product disclosed to Interstar within 30 days of delivery, then Interstar shall, at its option, either (i) replace any defective product or (ii) refund the price paid for a defective product. Interstar shall not have any liability for claims beyond 30 days. The liability of Interstar shall not, under any circumstances whatsoever exceed the amount of the price paid or payable for the products sold and delivered by Interstar.
The terms and conditions stated in the above limited warranty shall have precedence over any additional or different terms or conditions stipulated in any present or future contract, purchase order, invoice or other documents issued by Interstar. Use of Interstar products constitutes acceptance of the terms and conditions of this limited warranty. Neither performance by Interstar nor receipt of payment shall be deemed or construed as acceptance by Interstar of customer’s additional or different terms and conditions unless otherwise agreed to in a written document signed by an authorized representative of Interstar.