Warranty, Limitation of Liability and Remedies:
- There is no warranty of merchantability or fitness for any particular purpose with respect to any of the products, nor is there any other warranty expressed or implied, except as provided for herein.
- For a period of 12 months from the date of delivery from Seller (the “Warranty Period”), Seller warrants that products manufactured by Seller, when properly installed and maintained, and operated at ratings, specifications, and design conditions, will be free from defects in material and workmanship.
- Seller’s liability under any warranty is limited solely (in Seller’s discretion) to replacing (F.O.B. original ship point), repairing, or issuing credit for products that become defective during the Warranty Period. Purchaser shall notify Seller promptly in writing of any claims and provide Seller with an opportunity to inspect and test the product claimed to be defective. Buyer shall provide Seller with a copy of the original invoice for the product, and prepay all freights charges to return any products to Seller’s factory, or other facility designated by Seller. All claims must be accompanied by full particulars, including system operating conditions, if applicable.
- In no event shall Seller be liable for any product altered outside of the Seller’s factory by someone other than Seller or for a product subjected to misuse, abuse, improper installation, application, operation, maintenance or repair, alteration, accident or negligence in use, storage, transportation, or handling.
- In no event will Seller be liable for any damages, incidental, consequential or otherwise, whether arising out of or in connection with the manufacture, packaging, delivery, storage, use, misuse, or nonuse of any of its products or any other cause whatsoever.