Height Drinking Fountains
Bottle Filler Station
P.O. Box 8004
Shawnee Mission, KS 66208
all rights reserved
ONE- YEAR WARRANTY
1. WAIVER OF IMPLIED WARRANTY OF MERCHANTABILITY - Stem-Williams
Co., Inc. hereby expressly disclaims any implied warranty of merchantability
that might exist under Kansas law, the Uniform Commercial Code, or any
other law. There are no warranties that extend beyond the description
contained in this Limited One-Year Warranty.
OF IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE - Stem-Williams
Co., Inc. hereby expressly disclaims any implied warranty of fitness for
a particular purpose that might exist under Kansas law, the Uniform Commercial
Code, or any other law. There are no warranties that extend beyond the
description contained in this Limited One-Year Warranty.
3. LIMITED ONE-YEAR EXPRESS WARRANTY - This limited,
one-year, express warranty is made in lieu of all other warranties that
are applicable to this product, whether they be written, oral or implied.
No other warranties, other than as described herein, apply to this product.
Stem-Williams Co, Inc. hereby warrants that products manufactured by Stem-
Williams Co., Inc. shall be free of defects and workmanship for a period
of one year after the date such product is shipped to Buyer by Stem-Williams
Co., Inc. This warranty shall not be extended, altered or varied, except
in an authorized writing signed by Buyer and Stem-Williams Co., Inc.
Under this warranty, Stem-William Co., Inc. will, in its sole discretion,
and upon receipt and verification of a written claim made by Buyer, either:
(1) repair the product; (2) replace the product or any part of the product
with a replacement product or part of similar type, quality and size;
or (3) refund the wholesale price of the product to Buyer. If Stem-Williams
Co., Inc. elects to replace the product, it shall do so entirely at its
own cost. If Stem Williams Co., Inc. elects to refund the wholesale price
to Buyer, Stem-Williams Co., Inc. shall have no further obligation to
Buyer or anyone else with respect to such product.
4. WARRANTY APPLICABLE TO STERN-WILLIAMS CO., INC. PRODUCTS ONLY
- The warranty expressed in paragraph 3 only applies to products
manufactured by Stem-Williams Co., Inc., and the warranty shall not extend
to any product manufactured by parties other than Stem-Williams Co., Inc.
5. CLAIMS MADE BY BUYER UNDER EXPRESS WARRANTY - Any
claim made by a Buyer under paragraph 3 shall be in writing and delivered
to Stem-Williams Co., Inc. at P.O. Box 8004, Shawnee Mission, Kansas,
66208. Claims must be made within ten (10) days of delivery of a product
and before the product is put into process or in any way changed from
its original condition.
6. EXPRESS WARRANTY SHALL NOT EXTEND TO THIRD-PARTIES -
The express warranty contained herein shall not extend to any parties
7. DAMAGES - Stem-Williams Co., Inc. hereby expressly
disclaims any liability for damages above the cost of the product, including
but not limited to, proximate damages, incidental damages, special damages,
consequential damages, exemplary damages, and/or punitive damages. Stern-Williams
Co., Inc. shall not be liable for any costs of delay in replacing or repairing
a defective product, any costs of third parties, or any alleged lost profits
arising out of any product manufactured by Stern-Williams Co., Inc., even
if Stern-Williams Co., Inc. has been advised of this possibility by Buyer.
Stern- Williams Co., Inc. shall not be liable for any labor or other expenses
not expressly stated above.
8. ARBITRATION CLAUSE - In the event a dispute arises
between Buyer and Stern- Williams Co., Inc. concerning this warranty or
the product, it is hereby agreed that the dispute shall be referred to
binding arbitration in the County of Johnson, State of Kansas, in accordance
with the Commercial Arbitration Rules and Mediation Procedures of the
American Arbitration Association. The arbitrator's decision shall be [mal
and legally binding, and judgment may be entered thereon. Each party shall
be responsible for its share of the arbitration fees, in accordance with
the Commercial Arbitration Rules and Mediation Procedures of the American
Arbitration Association. In the event a party fails to proceed with arbitration,
unsuccessfully challenges the arbitrator's award, or fails to comply with
the arbitrator's award, the other party is entitled to costs of suit,
including reasonable attorney's fees for having to compel arbitration
or defend or enforce the award.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH AFFECTS YOUR
LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES.
Rest Area, Wyoming