Disclaimer of Warranties
L. Fishman & Son, Inc., a Maryland corporation trading as Fishman Flooring Solutions (“Fishman”), is a distributor of various products (collectively, “Products”) which are manufactured by others. As a result thereof, Fishman requires as a material term and condition of each and every sale of Products by Fishman that the purchaser of such Products individually, “Customer”) represents, confirms and acknowledges that: (a) the Customer has not relied upon and will not rely upon, either directly or indirectly, any representation or warranty by Fishman or any of its officers, directors, employees or agents concerning the Products; (b) no such representation has been made by Fishman or any of its officers, directors, employees or agents in connection with the Products; (c) Fishman is not liable or bound in any manner by any oral or written statements, representations, or information pertaining to the Products which may have been furnished by any officer, director, employee or agent of Fishman, or any other person; (d) the Customer is a knowledgeable, experienced and sophisticated purchaser of items similar to the Products; (e) the Customer is relying solely on its own expertise or the expertise of its consultants other than Fishman with respect to the purchase and (if applicable) installation or use of the Products; (f) the Customer has or will conduct such inspections and investigations of the Products as the Customer deems necessary or appropriate; (g) the Customer accepts from Fishman the Products “as is, where is” and “with all faults”; (h) Fishman encouraged the Customer to fully review this Disclaimer Of Implied Warranties, Etc. with its legal counsel before purchasing any Products from Fishman; (i) the Customer understands the legal significance and effect of this Disclaimer Of Implied Warranties, Etc.; and (j) FISHMAN MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A SPECIFIC USE OR PURPOSE OF THE PRODUCTS, ALL OF WHICH HAVE BEEN EXPRESSLY DISCLAIMED AND THE CUSTOMER ACCEPTS SUCH DISCLAIMER.