SmartCabinets warrants that Cabinets purchased from and installed by SmartCabinets or its authorized representatives will be free from defects in materials and workmanship provided by SmartCabinets ("Defects") for a period of five (5) years from the date of installation (the "Warranty Period").

SmartCabinets will remedy any and all Defects of which the customer notifies SmartCabinets in writing during the Warranty Period AT NO CHARGE TO THE CUSTOMER, to the extent such Defects are not the result, in whole or in part, of the willful or negligent act(s) or omission(s) of the customer, its owners, agents, employees, contractors, or any third party. Such Defects will be repaired or, at the discretion of SmartCabinets, replaced with like or similar products. SMARTCABINET'S SOLE OBLIGATION AND YOUR (THE CUSTOMER'S) EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE LIMITED TO SUCH REPAIR OR REPLACEMENT, AND BY ACCEPTING THE PRODUCT(S), THE CUSTOMER WAIVES ANY AND ALL OTHER OR ADDITIONAL RIGHTS AND REMEDIES, INCLUDING WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND PUNITIVE DAMAGES, LOST TIME, LOST PROFITS, COST OF COVER (OBTAINING REPLACEMENT CABINETRY AND/OR PERFORMANCE FROM ANOTHER SOURCE), AND ANY AND ALL CLAIMS ARISING UNDER CONSUMER PROTECTION STATUTES, SUCH AS THE TEXAS DECEPTIVE TRADE PRACTICES ACT. TX. BUSINESS & COMMERCE CODE, SECTION 17.41 ET SEQ.

This warranty does not apply to any items that have been repaired, modified, installed or serviced by any party other than SmartCabinets or its authorized representatives, nor does such warranty apply to any damages SUFFERED WHILE IN TRANSIT, EXCEPT TO THE EXTENT CAUSED BY SMARTCABINETS OR ITS EMPLOYEES. Repairs not covered by this warranty will, at SmartCabinet's sole option, be performed at its then-current cost for parts, labor and transportation, plus 15%.

Any and all claims, disputes or controversies arising out of, relating to or in connection with this warranty shall be resolved, on an individual basis, without resort to any form of class action, by final and binding arbitration. All arbitrations shall be determined by a single arbitrator selected by SmartCabinets at the offices of the American Arbitration Association located in Dallas, Texas.

THE ABOVE REFERENCED WARRANTY IS EXCLUSIVE. IT SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS ORAL OR WRITTEN STATEMENTS, ADVERTISEMENTS, PROMISES, SAMPLES OR OTHER INFORMATION PROVIDED BY SMARTCABINETS, ITS AGENTS OR EMPLOYEES, OR BY ANY THIRD PARTY. ALL CABINETS SUPPLIED BY SMARTCABINETS ARE OTHERWISE PROVIDED "AS-IS: AND "WITH ALL FAULTS". ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, WARRANTIES OF SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, APPLICATION OR ENVIRONMENT, FREEDOM FROM INTERFERENCE, INFRINGEMENT, OR DEFECTS) ARE EXPRESSLY DISCLAIMED AND WAIVED. SMARTCABINETS WILL NOT BE RESPONSIBLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY LIABILITIES, CLAIMS, INJURIES, LOSSES, COSTS OR DAMAGES ARISING FROM OR ASSOCIATED WITH THE USE OR ANY FAILURE OF, OR ANY UNKNOWN DEFECT IN OR WITH RESPECT TO, ANY OF THE SAME.