High Mountain warrants its HDPE pipe and fittings against defective workmanship and material for a period of one year from the date of the applicable invoice. Our liability hereunder, either for breach of warranty or for negligence, is expressly limited, at our option, to
A) Replacement at the agreed point of delivery, at no cost to the Purchaser, of any product found by us to be defective or found not to conform to the applicable industry manufacturing standards, or
B) to the refund or credit to the Purchaser or the purchase price of such products, provided that we are notified immediately upon the discovery of any claimed defect and that representative samples of the allegedly defective product are returned, transportation prepaid, at our request. No claim under this Product Warranty will be considered until the product and representative samplings thereof have been examined by us.
The above warranty constitutes the entire liability of High Mountain. High Mountain shall not be liable for any incidental or consequential damages directly or indirectly arising or resulting from the sale, transportation, handling, installation, or use of the products sold, nor for product losses, reinstallation, or labor costs.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATIONS OR LIABILITY ON THE PART OF NATIONAL.
Situations that void this Product Warranty:
1. Excessive pressure-temperature combination during test or operation.
2. Malfunction or improper use of line devices adversely affecting pipe performance.
3. Use of the product under conditions for which the product was not designed, including, but not limited to, improper system design, under-sizing, over-pressure, water hammer, or other negative performance features.
4. Failure to adhere to High Mountain's General Instruction Sheets concerning the proper handling, installation, and testing of the product.
5. Over insertion of pipe or insertion of pipe past the insertion mark on gasket pipe application.
6. Improper installation and/or design of the Dredging system.
7. Use of other than applicable and recommended solvents and lubricants.
8. Installation of the product in the ground for use as well-casing, use of the product for the transmission or transportation of natural gas or any other gaseous element, or use with any compressed air systems.
9. High Mountain must be notified of any defect prior to repair and such repair must be authorized by High Mountain.
10. Purchaser must provide National the opportunity to view and test pipe samples suspected to be defective including inspection of installation procedures and job site conditions.
11. If it is damaged during the installation process due to irregular use, the warranty is void.
