5K Warranty

Seller warrants that its boxes shall be of a quality suitable for packing and shipping table grapes to market, and shall have sufficient strength to hold 11 pounds of grapes per box, stack boxes 10 layers high per pallet, and stack three pallets high if stacking is performed strictly in accordance with written instructions provided by Seller. If any box fails to perform as specified during the calendar year in which it was delivered to Buyer, Seller will replace that box with a box of similar configuration and said replacement shall constitute Buyer’s sole and exclusive remedy for breach of any representation or warranty made by Seller. In order for Buyer to be entitled to receive said replacement boxes, Buyer must notify Seller immediately upon discovery of any failure, so that Seller may inspect the failed box in the position in which failure occurred.

This warranty is in lieu of all other warranties, express or implied, including but not limited to any implied warranty of merchantability or fitness for any particular use. This warranty shall not apply with respect to any failure resulting from any misuse or abuse of boxes, including but not limited to any failure to use and store boxes in manner specified by Seller. In no event shall Seller be responsible for incidental or consequential damages, or any loss or injury to persons or products, arising from or in connection with the use of these boxes.