SMART SLOPE, LLC warrants to its customers that each SmartSlope retaining wall Module is manufactured in accordance with current ASTM standards on compression strength, and absorption for concrete masonry Modules for 15 years after it is properly installed. If a Module does not meet this warranty standard, the customer shall notify SMART SLOPE, LLC in writing and, pursuant to Smart Slope’s directions, such customer shall return the applicable Modules to the manufacturer or destroy them. SMART SLOPE, LLC shall ship to its customer, as applicable, at SMART SLOPE’s expense, replacement Modules which shall be SMART SLOPE’s sole remedy for breach of this warranty. SMART SLOPE, LLC shall have no obligation to install such replacement Modules.
This Warranty shall not apply to any Module which is damaged or defective or fails to meet the warranty standard due to the manner in which it was installed, any chemicals coming in contact with the Module, the design of the structure in which a Module is used, excessive or unforeseen site conditions, soil conditions, manufacturing defects, or other conditions beyond SMART SLOPE LLC’s control.
THE ABOVE SETS FORTH THE SOLE WARRANTY FROM SMART SLOPE LLC REGARDING THE PRODUCT AND IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
AND SMART SLOPE, LLC SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.