Seller warrants to the Buyer only that it will, at its option, repair or preplace or refund Buyer’s purchase price for any part of the new product manufactured or supplied by Seller which fails within twelve (12) months of the date of purchase by the buyer, provided that such failure results from a defect in material or workmanship. Seller’s obligation under this warranty is conditioned upon (i) Buyer returning during the twelve (12) month warranty period any product for which a claim is made F.O.B., to a Seller plant location as designated by Seller’s representative, transportation charges pre-paid, with a written explanation of any claimed failure, and (ii) upon examination by Seller disclosing to Seller’s satisfaction that the returned product was defective.
The provisions of this warranty shall not apply to any Seller’s product which has been subject to accident, misuse, negligence, including but limited to improper mounting or improper lubrication, or which shall have been repaired or altered in any way so as, in the judgment of Seller, to affect adversely its performance and reliability, nor which is used in an application for any purpose for which it is not designated. This warranty shall not cover the labor costs for the removal or replacement of the product from the end product.
This warranty is expressly in lieu of all other warranties, expressed or implied, including any implied warranty of merchantability or fitness for particular purpose and of any other obligations or liabilities on the part of the seller, including non-contractual liabilities for personal injury or property damage or any other product liabilities based upon negligence or strict liability, in no event, whether as a result of breach of contract or warranty, alleged negligence or otherwise, shall Seller be liable for special, incidental or consequential damages, including but not limited to loss of profits or revenue, loss of use of the product or other equipment, costs of substitute equipment downtime costs, or claims of customers of buyer for such damages.
Seller neither assumes nor authorizes any other person to assume for it any other liability in connection with its products.
Seller reserves the right to discontinue or suspend the sale of any product covered by this warranty and to make changes in the design, specifications or process of manufacture related to the product without notice.