Product Warranty

LIMITED WARRANTY:  Seller warrants only that the goods covered hereby shall be manufactured in accordance with any agreed upon specifications, and free from defects in material and workmanship under proper and normal use and service for a period of one year from the date of shipment.  Samples of goods provided or displayed by Seller are not meant to be representative of goods sold, and goods sold may differ materially from such samples.  Buyer shall notify Seller of any alleged defects within 48 hours of discovery of any alleged defect and within one such year period.  Seller is not liable for any warranty claim if such notice is not provided.  Seller may, at its option, and subject to its right to inspect alleged defective goods and its acceptance of any warranty claim, agree to permit Buyer to perform repair work on site or elsewhere provided Seller agrees in advance in writing to the cost of repair.  Repairs, replacements or other remedies without prior inspection by Seller or not authorized in writing by Seller void this warranty.  This limited warranty is void if the goods sold are not installed in accordance with recommended practices or are not installed by a licensed contractor qualified to install the goods or the goods are not used in accordance with instructions contained in any operation manual or specifications or if the goods are used in conditions other than those for which the goods were designed.  Goods may not be returned without Seller’s prior written authorization.  THIS WARRANTY IS IN LIEU OF ALL OTHER STATUTORY, EXPRESS OR IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY DISCLAIMED.

LIMITATION OR LIABILITY:  SELLER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES INCLUDING:  (1) DAMAGES ARISING FROM THE DESIGN, MANUFACTURE, FABRICATION, SALE, USE, INSTALLATION OR PROVISION OF THE GOODS; (2) DAMAGES ARISING FROM GOODS THAT HAVE BEEN INCORPORATED INTO ANOTHER PRODUCT; (3) DAMAGES ARISING FROM ANY BREACH OF THE AGREEMENT; OR (4) DAMAGES ARISING FROM ANY OTHER CAUSE WHATSOEVER, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, AND REGARDLESS OF ANY ADVICE OR REPRESENTATIONS THAT MAY HAVE BEEN RENDERED BY SELLER CONCERNING THE DESIGN, MANUFACTURE, FABRICATION, SALE, USE, INSTALLATION OR PROVISION OF THE GOODS.  SELLER’S OBLIGATION UNDER THE ABOVE LIMITED WARRANTY IS STRICTLY AND EXCLUSIVELY LIMITED TO THE REPAIR OR REPLACEMENT FREE OF CHARGE OF SUCH GOODS AS ARE FOUND TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP AS PROVIDED AND LIMITED ABOVE.  SELLER RESERVES THE RIGHT TO SATISFY ITS WARRANTY OBLIGATION IN FULL, WITH RESPECT TO DEFECTIVE GOODS, BY THE PAYMENT TO THE BUYER OF ALL SUMS PAID BY THE BUYER TO SELLER FOR SUCH GOODS.