BioSEALSAFE™ Exclusive Limited Warranty

This Exclusive Limited Warranty (the “Warranty”) is made by Aexcel Corporation (“Aexcel”) and is given to the end-user (“Purchaser” or “You”) who first purchased any BioSEALSAFE™ product (“BioSEALSAFE™”). This Warranty is not transferrable and is subject to the limitations, conditions, exceptions, and exclusions set forth herein.

Exclusive Limited Warranty

Aexcel warrants that for three (3) years from the date of purchase (the “Warranty Period”), BioSEALSAFE™ will substantially comply with Aexcel’s applicable written specifications and will not fail due to defects in material or workmanship originating with Aexcel.

Conditions to Warranty Application

This Warranty does not apply, and Aexcel has no obligations under this Warranty unless all the following conditions are satisfied:

• All of the above recommended residential application procedures must have been followed.
• New pavement must be allowed to fully cure before BioSEALSAFE™ is applied – we recommend 12 months prior to sealing.
• The product failure or non-conformity must occur during the Warranty Period and be directly caused by a defect in material or workmanship originating with Aexcel.
• The product must have been new when purchased and always used as intended and designed, subjected only to normal and reasonable use, and used, installed, applied, maintained, and cared for in conformance with Aexcel’s instructions for the product, including the above procedures.
• The product must have never been subjected to abuse, misuse, neglect, modification, or alteration of any kind, or improper installation, care, or maintenance.

Exceptions and Exclusions

This Warranty does not cover the following types of claims or damages:

• BioSEALSAFE™ is only intended for residential applications and this warranty does not cover any claim relating to the use of BioSEALSAFE™ on a commercial parking lot.
• Claims relating to any product that was subjected to abuse, misuse, neglect, alteration, modification, improper application or installation, improper cleaning or maintenance, abnormal physical or thermal stress, abnormal environmental conditions, or conditions beyond the product’s specified tolerances, regardless of the type or cause of the damage or failure that is the subject of the claim.
• Normal wear-and-tear or routine service issues.
• Areas that have ponding waters, poor drainage, or snow removal damage.
• Damage related to pre-existing site conditions, project design, installation services, or materials provided by others for the application or installation of the product.
• Damage related to unreasonable use or failure to provide reasonable and necessary care and maintenance.
• Damage related to fire, explosion, flood, storm, water escape, natural disaster, or other acts of God.
• Claims relating to any event, cause, or act not within the control of Aexcel.
• Claims relating to any product that was repaired without Aexcel’s express approval.
• Damage from accident, vandalism, theft, or other losses covered by insurance.
• Claims relating to any Aexcel product supplied in fulfillment of a prior warranty claim.

Exclusive Remedy

Purchaser agrees that Aexcel’s sole liability and Purchaser’s sole and exclusive remedy for any claim arising under or relating to this Warranty shall be for Aexcel to replace the Aexcel product with an identical or reasonably equivalent product or repair the product to its original or reasonably equivalent original condition. This warranty does not include labor costs incurred for the installation, re-application, or consequential costs. If Aexcel is unable to provide a replacement or repair is not commercially practicable, or if purchaser otherwise accepts, Aexcel may elect to refund the actual purchase price of the Aexcel product. The Warranty shall terminate in the event Aexcel satisfies its obligation to provide the exclusive remedy with respect to a claim; no subsequent claims will be covered.

Disclaimer, Liability Limitation, and Other Exclusions

This Warranty is the sole express warranty provided on Aexcel products. Other than this Warranty and Aexcel’s written product specifications and instructions, Purchaser agrees that Aexcel has made no other express warranty, representation, or recommendation as to the product’s suitability for any application, use, process, combination with other products or substances, or as to the results, quality, durability, or performance Purchaser may expect or obtain in using the product. Purchaser acknowledges that retailers are not authorized to make warranties or representations on behalf of Aexcel. This Warranty is secondary to any other available warranty coverage, including but not limited to any other manufacturer’s warranty or any retailer, dealer, or distributor warranty. Purchaser agrees that AEXCEL SHALL HAVE NO LIABILITY FOR INDIRECT, INCIDENTIAL, OR CONSEQUENTIAL DAMAGES, or damages for inconvenience, lost use, lost revenue or profits, business interruption, loss of goodwill, commercial damages, third-party or customer claims, or special, punitive, exemplary, or statutory damages, regardless of whether such liability arises from or is based on contract, express or implied warranty, misrepresentation, tort, strict liability, negligence, equity, or any statutory or regulatory obligation.

Notice of Your Legal Rights: This Warranty gives You specific legal rights and You may also have other rights which vary from State to State. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.