A. Texas Fluorescents warrants that its products (other than ballasts) are free of defects in workmanship and materials. SUCH WARRANTY IS IN LIEU OF OTHER WARRANTIES INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PUPOSE. Texas Fluorescents, at its sole option, will repair or replace, F.O.B. our factory, freight prepaid, any Texas Fluorescent product (other than ballasts) defective in workmanship or materials. Such repair or replacement is the sole and exclusive remedy against Texas Fluorescents and is limited to three years from date of shipment. Texas Fluorescents reserves the right to determine whether to repair or replace. No charge-back, or charge for labor or material, that does not have Texas Fluorescents. prior written approval from its Corporate Offices in Texas will be honored, accepted or paid by Texas Fluorescents. Texas Fluorescents will not be responsible for any consequential or incidental damages in connection with any breach of its aforementioned warranty.
B. Ballasts and emergency battery packs are covered by separate ballast manufacturers warranties. Texas Fluorescents does not make any warranties whatsoever as to ballasts and will accept no responsibility or liability whatsoever therefore.
C. Texas Fluorescents will not be responsible for any products subjected to inappropriate application or installed or modified in any way that is not in accordance with Texas Fluorescents. instructions.
D. No agent, employee or representative of Texas Fluorescents has any authority to bind Texas Fluorescents to any affirmation, representation or warranty concerning goods sold by Texas Fluorescents and unless an affirmation, representation or warranty made by an agent, employee or representative is specifically included herein, or in Texas Fluorescents. acknowledgment or Buyer.s purchase order, or in standard printed materials provided by Texas Fluorescents, it does not form a part of the basis of any bargain between Texas Fluorescents and Buyer and shall not in any way be enforceable by Buyer.