To obtain consideration under this limited warranty, Buyer must first send written notice to Seller specifying the respects in which the goods are believed by Buyer to be non-complying. Failure to give notice within the warranty period shall be a waiver of this limited warranty and no assistance or other action thereafter taken by Seller shall be deemed to extend or revive the warranty period.
Seller, in its sole discretion, shall determine whether any goods are non-complying. Seller must approve, in writing, Buyer’s return of any goods before shipment. Seller shall have the right to require Buyer to prepay all costs of Seller’s inspection of goods believed by Buyer to be non-complying, including, but not limited to, reasonable travel, lodging and labor expenses. If the goods are found by Seller to be non-complying and covered by this limited warranty, Seller shall reimburse Buyer for any such expenses prepaid by Buyer. If, in Seller’s sole judgment, the subject goods are non-complying and covered under this limited warranty, Seller shall have the option of either (i) making replacement goods available for shipment to Buyer, or (ii) repay or credit Buyer with the original purchase price that Buyer paid Seller for the non-complying goods.
This limited warranty shall not apply to goods which, in Seller’s sole discretion, have been the subject of negligence, abuse, accident, tampering, alteration, misuse, misapplication, or inappropriate combination with other materials, equipment or systems; or damage by natural disasters or acts of God, fires or other casualties, power failures, acts of criminals or public enemies, war, riot, acts of terrorism, or acts of Buyer or its employees, contractors, representatives or agents; or improper combination with other materials, equipment or systems; or improper storage, maintenance, application or use; or issues caused by corrosion, erosion, wear and tear, rust, contaminants or other foreign materials in the equipment or systems in which the goods are utilized; or by operation at temperatures or pressures in excess of recommended maximums. Further, this limited warranty shall not apply to goods, materials or components not manufactured by Seller; provided, however, that Seller, upon Buyer’s request, shall advise Buyer of any warranties known to Seller that may be offered by the manufacturer of such goods or materials.
This limited warranty shall not cover, and Seller shall not under any circumstances be liable for, damages for injuries to persons or property; repairs; travel, labor, material or other expenses related to the removal or replacement of the goods from equipment, systems or other items; damages resulting from the removal of defective goods or the replacement of replacement goods; expenses relating to the shipment of goods to and from Seller’s facility or other locations; loss of revenues or profits; loss of use; consequential, incidental, contingent, punitive or special damages, whether arising in contract, in tort, under statute, or in any other manner; or any other damages or expenses not agreed upon in writing by Seller, even if Seller has been advised of the potential for any such damages or expenses.
THIS LIMITED WARRANTY IS IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. BUYER REPRESENTS AND WARRANTS TO SELLER THAT: (A) BUYER ALONE HAS DETERMINED THAT THE GOODS WILL APPROPRIATELY MEET THE REQUIREMENTS OF THEIR INTENDED APPLICATION AND USE; AND (B) BUYER HAS NOT RELIED ON ANY PROMISES, REPRESENTATIONS OR RECOMMENDATIONS MADE BY SELLER. No person is authorized to give any other representation or warranty or to assume any other liability on Seller’s behalf.