Seller warrants the products manufactured by it, or by an affiliated company and sold by it, to be free from defects of materials or workmanship under normal proper use and service. The period of warranty coverage is specified in Seller’s standard limited warranty for each product, but shall not be less than one (1) year from the date of shipment by Seller. Items expendable in normal use, including but not limited to, seals, gaskets, filters and sensors, are not covered by this warranty. Seller’s liability under this warranty is limited to such of the above products or parts thereof as are returned, transportation prepaid, to Seller’s plant, not later than thirty (30) days after the expiration of the period of warranty coverage in respect thereof and are found by Seller’s examinations to have failed to function properly because of defective workmanship or materials and not because of improper installation or misuse and is limited to, at Seller’s election, either (a) repairing and returning the product or part thereof using new or refurbished parts, or (b) furnishing a replacement product or part thereof with a new or refurbished product, transportation prepaid by Seller in either case. For purposes of this Limited Warranty, “refurbished” means a product or part that has been returned to its original specifications.
In the event Buyer discovers or learns that a product does not conform to the foregoing warranty, Buyer shall immediately notify Seller in writing of such breach, specifying in reasonable detail the nature of such breach. If Seller does not provide such written notification, Seller shall not be liable for any further damages which could have been avoided if Seller had been provided with immediate written notification.
THIS WARRANTY IS MADE AND ACCEPTED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY AND NONINFRINGEMENT, WHICH WARRANTIES ARE EXPRESSLY DISCLAIMED, AS BUYER’S EXCLUSIVE REMEDY FOR ANY DEFECTS IN THE PRODUCTS TO BE SOLD HEREUNDER. THE REMEDIES SET FORTH IN THIS SECTION REPRESENT BUYER’S SOLE AND EXCLUSIVE REMEDIES FOR ANY SELLER’S BREACH OF WARRANTY.
All other obligations and liabilities of Seller, whether in contract or tort (including negligence) or otherwise, are expressly EXCLUDED. In no event shall Seller be liable for any costs, expenses or damages, whether direct or indirect, special, punitive, incidental, consequential, including but not limited to loss of profits or revenue, or other, on any claim of any defective product, in excess of the price paid by Buyer for the product plus return transportation charges prepaid. No warranty is made by Seller of any Seller product which has been installed, used or operated contrary to Seller’s written instruction manual or which has been subjected to misuse, negligence or accident or has been repaired or altered by anyone other than Seller or which has been used in a manner or for a purpose for which the Seller’s product was not designed nor against any defects due to plans or instructions supplied to Seller by or for Buyer. All causes of action against Seller arising out of or relating to the breach of Seller’s obligations under the Agreement or breach of the warranty set forth herein shall expire unless brought within one (1) year of the time of the act or omission resulting in breach. For international transactions, the parties expressly agree that the United Nations Convention on Contracts for the Sale of Goods does not apply. No person, agent, manufacturer, distributor, dealer, installer, or company, including Buyer, is authorized to change, modify, or extend the terms of Seller’s warranty in any manner whatsoever. In no event shall Seller be responsible for liability arising out of Buyer’s violation of any state, local or federal law, rule, regulation, order or ordinance (“Law”), including applicable workplace safety and environmental Laws, relating to or caused by Buyer’s design, location, operation, or maintenance of the Products. Buyer is solely responsible for compliance with all Laws related to the installation and use of the Products.