
PRODUCT WARRANTY
Seller warrants to Buyer that at the time of delivery the
goods sold hereunder will be free from defects in design,
material and manufacture and will conform substantially to
Seller's applicable specifications as stipulated in the order
or contract. Seller's liability and Buyer's remedy under this
warranty are strictly limited to the refund of purchase price,
repair or replacement, at Seller's sole option, of goods or
materials sold which are returned to Seller and which are
shown to Seller's reasonable satisfaction to have been defective
provided that written notice of the defect shall have been
given by Buyer to Seller within a period of one (1) year commencing
on the date of shipment of such goods by the Seller. Transportation
charges to and from Seller's location for the return of defective
goods to Seller and their reshipment to Buyer and the risk
of loss thereof will be borne by Buyer. If services or data
are to be furnished hereunder, Seller warrants to Buyer that
such services will be performed or such data prepared in a
good workmanlike manner. Seller's liability and Buyer's remedy
under this warranty are limited to the correction of such
services or data as are shown to Seller's reasonable satisfaction
to have been defective, provided that written notice of such
defective services or data shall have been given by Buyer
to Seller within thirty (30) days after the
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE GIVEN AND
ACCEPTED IN LIEU OF (a) ANY AND ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING
OUT OF THE CONDUCT OF THE PARTIES, AND (b) ANY OBLIGATION,
LIABILITY, RIGHT, CLAIM OR REMEDY FOR SELLERS NEGLIGENCE,
ACTUAL OR IMPUTED.
The remedies of the Buyer for breach of any warranty arising
hereby, expressed or implied, or by operation of law, or for
breach of any duty of Seller, expressed or implied or arising
out of any conduct of the parties, shall be strictly limited
to those provided herein to the exclusion of any and all other
remedies including, without limitation, claims for incidental
or consequential damages. No agreement varying or extending
the foregoing warranties, remedies or these limitations will
be binding upon Seller unless in writing, signed by a duly
authorized executive officer of Seller.
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