Xxxxxxx Goods Warranty. BMA warrants that for a period of twelve (12) months from the date of shipment of the Goods (“Goods Warranty Period”), that such Goods shall be free from material defects in workmanship and material. The limited Goods warranties under this Section 16.1 do not apply where the Goods have: (i) been subject to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions, or use contrary to any instructions issued by BMA; (ii) been reconstructed, repaired, or altered by persons other than BMA or its authorized representative; (iii) been used with any hardware or product that has not been previously approved by BMA; (iv) defects originating after transfer of risk; (v) been subjected to normal wear and tear or deterioration, overloading, defective foundation or unsuitable foundation soil, chemical, electro-chemical or electro-influences, effects of climatic and other natural phenomena; (vi) insignificant deviations from the described quality; (vii) insignificant impairment of usability; or (viii) defects or nonconformity arising out of materials provided, or a design stipulated or specified by Buyer. During the Goods Warranty Period, with respect to allegedly Defective Goods, Buyer shall notify BMA, in writing, of any alleged claim or defect within ten (10) days from the date Buyer discovers or should have discovered such alleged claim or defect (but in any event before the expiration of the Goods Warranty Period). “Defective Goods” means Goods shipped by BMA to Buyer that do not conform to the warranties in this Section 16.1. BMA shall not be liable for breach of the warranty set forth in this Section 16.1 unless (i) Buyer provides the required notice as outlined herein; (ii) BMA is given a reasonable opportunity after receiving the notice to examine such Goods and Buyer (if requested to do so by BMA) returns such Goods to BMA’s place of business at BMA’s cost for the examination to take place there; and (iii) BMA reasonably verifies Buyer’s claim that the Goods are defective.
