Deakin Sofa in Ash

Warranty to Company and Limitation of Remedy ("Company Warranty")

Subject to the provisions contained herein, Ashley warrants to Company that for a period of one (1) year from the date of shipment to Company or until the goods are sold to the end-use consumer by Company, which ever is earlier, that the goods supplied by it to Company are free of substantial manufacturing defects. A reasonable amount of touch-up, deluxing, and installation of repair parts is the responsibility of Company. Upon sale of the goods to the end-use consumer, Ashley's obligation to Company under this Company Warranty shall terminate, and Ashley's obligation shall be limited exclusively to the obligations set forth in the terms and conditions of Ashley's applicable consumer warranty.

THE FOREGOING COMPANY WARRANTY IS EXCLUSIVE. ALL EXPRESS WARRANTIES NOT STATED IN THESE TERMS AND CONDITIONS AND ALL IMPLIED WARRANTIES (WHETHER WRITTEN OR ORAL), INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE SPECIFICALLY DISCLAIMED. ASHLEY MAKES NO WARRANTY, EXPRESS OR IMPLIED (WHETHER WRITTEN OR ORAL) WITH RESPECT TO MATERIALS, GOODS, OR ITEMS NOT MANUFACTURED BY ASHLEY, AND ALL WARRANTIES WITH RESPECT TO SUCH MATERIALS, GOODS, OR ITEMS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES (WHETHER WRITTEN OR ORAL) OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE SPECIFICALLY DISCLAIMED.

Under this Company Warranty, the sole liability of Ashley is limited to, at Ashley's sole option, repair, replacement or credit for goods sold, supplied or furnished to Company by Ashley which contain substantial manufacturing defects if Ashley actually receives notice from Company of the alleged defect within one (1) year from the date of shipment to Company or until the goods are sold to the end-use consumer by Company, which ever is earlier. Ashley shall not be liable for any labor or other expenses incurred by Company in the removal, repair, or replacement of the goods or any component part claimed to be defective nor shall Ashley be liable for any expenses incurred by the Company in order to remedy any defect in Ashley's goods. Ashley shall not be liable for any damages to the goods resulting from improper handling after the goods are delivered to Company, nor shall Ashley be liable for any damages incurred while the goods are in the possession of Company or Company's customers.

ASHLEY SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, OR CONTINGENT DAMAGES OR LOST PROFITS OR EXPENSES ARISING DIRECTLY OR INDIRECTLY FROM ANY DEFECT IN GOODS SOLD, SUPPLIED, OR FURNISHED BY ASHLEY TO COMPANY, FROM THE USE THEREOF, OR FROM COMPANY'S INABILITY TO MAKE USE THEREOF. THE DISCHARGE OF ASHLEY'S WARRANTY OBLIGATION HEREUNDER SHALL CONSTITUTE FULFILLMENT OF ALL LIABILITIES OF ASHLEY TO COMPANY, WHETHER BASED ON CONTRACT, NEGLIGENCE, OR OTHERWISE WITH RESPECT TO GOODS SOLD OR PROVIDED TO COMPANY.

THE REMEDIES SET FORTH HEREIN SHALL BE THE EXCLUSIVE REMEDIES AVAILABLE TO THE COMPANY AND IN LIEU OF ALL OTHER REMEDIES, AND THE LIABILITY OF ASHLEY, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, OR OTHERWISE, SHALL NOT EXCEED THE PRICE OF THE GOODS SOLD, SUPPLIED, OR FURNISHED BY ASHLEY TO COMPANY HEREUNDER ON WHICH LIABILITY IS BASED. ASHLEY NEITHER ASSUMES OR AUTHORIZES ANY REPRESENTATIVE OR OTHER PERSON TO ASSUME FOR IT ANY OBLIGATION OR LIABILITY OTHER THAN AS EXPRESSLY SET FORTH HEREIN.

The sole purpose of the stipulated exclusive remedy shall be to provide Company with a credit or replacement for or the repair of defective parts in the manner provided herein. This exclusive remedy shall not be deemed to have failed of its essential purposes so long as Ashley is willing to credit Company's account, or repair or replace the defective part(s) in the manner proscribed herein.

All claims under this Section 10 are subject to and must be made in accordance with Ashley's Product Return Policy set forth in Section 12.