Warranty Novation Inc. hereby warrants that all services provided by Novation will conform to the written specification and requirements contained in Novation’s certification document. This warranty is the sole and exclusive warranty provided by Novation and is in lieu of all other warranties relating to the services performed by Novation, whether written or oral, express or implied, including without limitation warranties as to workmanship, suitability of materials, or that the services provided are fit for, or make the product suitable for a particular purpose. No warranty is provided for work done on a Best-Efforts Basis. This Warranty Policy supersedes ALL terms and conditions documented on customers purchase orders regarding Novation’s warranty and liability.
No Other Liability Other than the remedies provided herein, Novation Inc. will not be liable for any loss, damage, obligation or expense related to its services and materials, whether arising under contract or tort, in law or in equity, whether direct, indirect, consequential, punitive, special, exemplary or otherwise. In addition, Novation shall not be held liable for any harm resulting from application of the Washington State Product Liability Act.
Time of Exercise of Remedies All services provided by Novation shall be deemed acceptable as supplied unless Novation is notified of non-conformity or defect within 30 days of receipt of such Product.
Remedies The customer’s exclusive remedies in the event Novation breaches this warranty are as follows:
In the event a non-conforming or defective part has been authorized by Novation Inc. as suitable for rework, then Novation will rework it at Novation’s own expense provided the non-conforming or defective part is returned to Novation within 30 days of authorization.
In the event Novation determines that a non-conforming or defective part is not suitable for rework. Novation will pay the customer an amount equal to the lesser of (1) Three times the actual Novation processing charges for the non-conforming or defective part or (2) Purchaser’s cost.
For purposes of section 4B above, "Purchaser’s Cost" shall mean:
With respect to a part manufactured by our customer, the direct labor expenses incurred in manufacturing the part, plus direct material expenses incurred in the manufacturing the part. Direct labor expenses shall include reasonable wages, payroll taxes and benefits actually paid by customer, but shall not include indirect cost such as inspection, supervision, consumable supplies, overhead or depreciation. Direct labor expenses will be capped at a maximum of $45.00 per hour. Direct material expenses shall mean reasonable expenses actually paid by customer for material, but shall not include such indirect expense such as purchasing or freight.
With respect to a part purchased by our customer, the actual purchase price, including taxes, of such part.
If Novation is required to pay monetary damages under section 4B above, it will be entitled to receive from the customer reasonable back-up documentation associated with the calculation of Purchaser’s Cost.
Best Efforts Novation offers certain services and processes on a "best effort" basis and no warranty is provided with respect to such services and processes. If the customer elects to engage novation to perform such services or processes, the customer shall have no remedy against Novation if the results are not acceptable regardless of the nature of the damage to the customer’s part. Services and processes that are currently offered on a Best Effort basis currently are as follows:
Any surface treatment for the purpose of Salvaging parts for use.
Decorative Plating or finishing
Polishing
Third Parties This warranty is provided for our customer only and no third parties are beneficiaries hereof.
Method of Payment Novation Inc. may, in its sole discretion, satisfy any monetary liability payable under section 4B of this warranty by a set off against amounts payable by our customer on any account maintained by Novation. The customer shall not be entitled to set off from any account payable to Novation any amount relating to a claim against Novation without written permission of Novation.
Novation Inc. • 2616 N. Locust • Spokane Valley, WA 99206
