Bemis warrants that its All-Plastic Shopping Carts and Hand baskets (the “Products”) are free of defects in material and workmanship for a period of three (3) years from their date of shipment (the “Limited Warranty Period”), provided the Products are properly installed, used, and maintained. Bemis makes no warranty with respect to components manufactured by others such as wheels and safety belts, except that, to the extent of its ability to do so, Bemis will pass along to Buyer the benefit of any warranty given to Bemis by such manufacturers.
Bemis further warrants that, for Standard Colors (as specified by Bemis), the Products will resist fading for a period of five (5) years from their date of shipment (the “Color Warranty Period”), provided the Products are properly installed, used, and maintained. Fading is defined as a color shift of more than five (5) Delta E (Commission Internationale de l’Elcairage – CIE) when calculated according to American Society for Testing and Materials (ASTM) Standard D2244.
Bemis will, at its option, repair or replace any Product that fails to meet the Limited Warranty or Color Warranty, at no charge. If Bemis determines that it can neither repair nor replace the Product, Bemis will refund the purchase price of the Product. Bemis is not responsible for any consequential or incidental damages related to Product failures, normal wear and tear, or Product failures associated with misuse, mishandling, neglect, improper maintenance, and unauthorized or improper repair or modification.
Any Warranty claim must be made within 60 days after the appearance of the claimed defect, or it is waived. This Warranty is offered in lieu of all other warranties, express or implied, including but not limited to any warranty of merchantability of fitness for a particular purpose.