Seller warrants to Buyer each new product manufactured or supplied by Seller to Buyer
to be free from defects in material and workmanship at the time of shipment and subject
to all other provisions and limitations hereinafter set forth.
Seller cannot anticipate all conditions under which seller’s products may be
used. Seller accepts no responsibility for results obtained by the application of
Seller’s products or the safety and suitability of Seller’s products. Users are
advised to make their own test to determine the safety and suitability of each
such product for their own purposes. Unless otherwise agreed in writing, Seller ships the products with a limited warranty, and buyers and users assume all responsibility and liability for the loss or damage arising from the handling and use of said products. Purchaser waives any claim against Seller for direct, indirect, consequential or exemplary damages against Seller, including without limitation, damage which may incur as a result of purchaser’s use or misuse of the product or the products failure to conform to any particular specifications.
In the case of a custom product, buyer assumes responsibility for the design and Seller’s sole responsibility is to manufacture the product according to the design and specifications approved by the buyer, and it is agreed that, to the fullest extent permitted by law, the buyer shall indemnify, hold harmless and defend Seller from and against any and all claims, demands, suits or causes of action for any liability whatsoever that arises out of defects, latent or otherwise, from the design and use of the product.
While defective products will be replaced without charge. No liability is assumed beyond such replacement. Seller’s obligations under this warranty are limited to replacing any defective product sold by Seller. Seller shall have no obligation under this limited warranty unless such product is promptly returned to Seller, providing that Buyer has a return number (RMA) from Seller prior to return, and examination of such product shall disclose to Seller’s reasonable satisfaction that such product is defective,in which event Seller shall replace the defective product within a reasonable time after such return of the product to Seller. The provisions of this limited warranty shall not apply to any product sold by Seller which has been subject to misuse, negligence, alteration, conversion, accident or improper installation, application or storage.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE
PRODUCTS SOLD BY SELLER AND IS EXPRESSLY IN LIEU OF ANY OTHER
WARRANTIES OR INDEMNIFICATION, EXPRESS OR IMPLIED, INCLUDING ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU