Ordering Policies
WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY:
LOWE’S PRO SUPPLY WILL PASS ON TO CUSTOMER MANUFACTURERS’ WARRANTIES, WARRANTIES, IF AND ONLY TO THE EXTENT ASSIGNABLE, WITH RESPECT TO PRODUCTS SOLD HEREUNDER AND WILL AT LOWE’S PRO SUPPLY’S DISCRETION REPLACE THE PRODUCT OR REFUND THE PURCHASE PRICE OF ANY PRODUCT DELIVERED IN A DEFECTIVE CONDITION. THIS WARRANTY DOES NOT EXTEND TO ANY DEFECT, MALFUNCTION OR FAILURE OF A PRODUCT CAUSED BY ANY UNAUTHORIZED MODIFICATION OF THE PRODUCT OR THE MISUSE, ABUSE, ACCIDENT OR USE OF THE PRODUCT IN A MANNER FOR WHICH IT WAS NOT INTENDED.
WITH RESPECT TO ALL PRODUCTS SOLD, CONVEYED OR DELIVERED TO THE CUSTOMER, EXCEPT AS EXPRESSLY SET FORTH ABOVE, LOWE’S PRO SUPPLY DOES NOT MAKE AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSES, CONFORMITY TO CATALOG, SAMPLES OR MODELS AND ALL SUCH REPRESENTATIONS OR WARRANTIES. CUSTOMER AGREES TO ACCEPT SUCH PRODUCTS “AS-IS”, “WHERE-IS” AND “WITH ALL FAULTS” BASIS AND TO ASSUME ALL RISK REGARDING THE QUALITY, USE AND PERFORMANCE OF SUCH PRODUCTS. CUSTOMER FURTHER AGREES AS A CONDITION OF ANY SALES TO CUSTOMER THAT LOWE’S PRO SUPPLY SHALL IN NO WAY BE LIABLE TO CUSTOMER FOR ANY LOST PROFITS, COSTS, OR DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT OR THE USE OF THE PRODUCTS, INCLUDING WITHOUT LIMITATION, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF OR THE NEGLIGENCE OF LOWE’S PRO SUPPLY AND/OR CUSTOMER, EVEN IF LOWE’S PRO SUPPLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. CUSTOMER FURTHER AGREES THAT CUSTOMER’S ONLY REMEDY AGAINST LOWE’S PRO SUPPLY SHALL BE (I) REPLACEMENT OF DEFECTIVE GOOD WITH THE SAME PRODUCT OR A PRODUCT OF LIKE KIND AND/OR EQUIVALENT VALUE OR (II) THE RETURN OF THE PURCHASE PRICE, AT THE SOLE DISCRETION OF MAINTENANCE SUPPLY. THIS SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF THE CUSTOMER AND NOT CUMULATIVE OF ANY OTHER RIGHTS OR REMEDIES THE CUSTOMER MIGHT HAVE BY LAW OR IN EQUITY, ALL OF WHICH THE CUSTOMER HEREBY KNOWINGLY AND VOLUNTARILY WAIVES.
LOWE’S PRO SUPPLY AND CUSTOMER AGREE THAT THE FOREGOING DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY ARE “CONSPICUOUS” DISCLAIMERS FOR PURPOSES OF APPLICABLE LAW, RULE, REGULATION, OR ORDER. SOME JURISDICTIONS MAY NOT ALLOW EXCLUSIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LOWE’S PRO SUPPLY WILL PASS ON TO CUSTOMER MANUFACTURERS’ WARRANTIES, WARRANTIES, IF AND ONLY TO THE EXTENT ASSIGNABLE, WITH RESPECT TO PRODUCTS SOLD HEREUNDER AND WILL AT LOWE’S PRO SUPPLY’S DISCRETION REPLACE THE PRODUCT OR REFUND THE PURCHASE PRICE OF ANY PRODUCT DELIVERED IN A DEFECTIVE CONDITION. THIS WARRANTY DOES NOT EXTEND TO ANY DEFECT, MALFUNCTION OR FAILURE OF A PRODUCT CAUSED BY ANY UNAUTHORIZED MODIFICATION OF THE PRODUCT OR THE MISUSE, ABUSE, ACCIDENT OR USE OF THE PRODUCT IN A MANNER FOR WHICH IT WAS NOT INTENDED.
WITH RESPECT TO ALL PRODUCTS SOLD, CONVEYED OR DELIVERED TO THE CUSTOMER, EXCEPT AS EXPRESSLY SET FORTH ABOVE, LOWE’S PRO SUPPLY DOES NOT MAKE AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSES, CONFORMITY TO CATALOG, SAMPLES OR MODELS AND ALL SUCH REPRESENTATIONS OR WARRANTIES. CUSTOMER AGREES TO ACCEPT SUCH PRODUCTS “AS-IS”, “WHERE-IS” AND “WITH ALL FAULTS” BASIS AND TO ASSUME ALL RISK REGARDING THE QUALITY, USE AND PERFORMANCE OF SUCH PRODUCTS. CUSTOMER FURTHER AGREES AS A CONDITION OF ANY SALES TO CUSTOMER THAT LOWE’S PRO SUPPLY SHALL IN NO WAY BE LIABLE TO CUSTOMER FOR ANY LOST PROFITS, COSTS, OR DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT OR THE USE OF THE PRODUCTS, INCLUDING WITHOUT LIMITATION, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF OR THE NEGLIGENCE OF LOWE’S PRO SUPPLY AND/OR CUSTOMER, EVEN IF LOWE’S PRO SUPPLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. CUSTOMER FURTHER AGREES THAT CUSTOMER’S ONLY REMEDY AGAINST LOWE’S PRO SUPPLY SHALL BE (I) REPLACEMENT OF DEFECTIVE GOOD WITH THE SAME PRODUCT OR A PRODUCT OF LIKE KIND AND/OR EQUIVALENT VALUE OR (II) THE RETURN OF THE PURCHASE PRICE, AT THE SOLE DISCRETION OF MAINTENANCE SUPPLY. THIS SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF THE CUSTOMER AND NOT CUMULATIVE OF ANY OTHER RIGHTS OR REMEDIES THE CUSTOMER MIGHT HAVE BY LAW OR IN EQUITY, ALL OF WHICH THE CUSTOMER HEREBY KNOWINGLY AND VOLUNTARILY WAIVES.
LOWE’S PRO SUPPLY AND CUSTOMER AGREE THAT THE FOREGOING DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY ARE “CONSPICUOUS” DISCLAIMERS FOR PURPOSES OF APPLICABLE LAW, RULE, REGULATION, OR ORDER. SOME JURISDICTIONS MAY NOT ALLOW EXCLUSIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Lowe’s Pro Supply shall not be held responsible for typographical errors and will not be held responsible for any liability associated with misprints, errors, and/or pricing discrepancies.