Warranty

05-01-2009
LIMITED WARRANTY. All products manufactured by Seller are warranted to be free from defects in material
and workmanship under normal use and service, when installed, used and serviced in the manner intended.
THIS EXPRESS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESSED,
IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
LIMITATION OF REMEDIES. Buyer’s sole and exclusive remedy against Seller will be limited, at Seller’s option,
to the repair or replacement by Seller of any nonconforming product for which claim is made by Buyer or to
the issuance of a credit for such nonconforming product in accordance with these terms and conditions
provided Buyer obtains a return material authorization from Seller and Seller is given a reasonable
opportunity to inspect the product and confirm such nonconformity. This exclusive remedy shall not be
deemed to have failed of its essential purpose so long as Seller is willing and able to repair or replace the
nonconforming product and, in any event, Seller’s liability for any damages due Buyer shall be limited to the
purchase price of the nonconforming products. THIS PARAGRAPH DETAILS BUYER’S SOLE AND EXCLUSIVE
REMEDY FOR BREACH OF WARRANTY.
LIMITATIONS ON ACTIONS AND LIABILITY. The statute of limitations applicable to all claims arising under
this agreement shall be one year from the date the claim accrues. SELLER WILL NOT BE LIABLE FOR ANY
LOSS, DAMAGE OR INJURY RESULTING FROM DELAY IN DELIVERY OF THE PRODUCTS OR FOR ANY FAILURE
TO PERFORM WHICH IS DUE TO CIRCUMSTANCES BEYOND ITS CONTROL. THE MAXIMUM LIABILITY, IF ANY,
OF SELLER FOR ALL DAMAGES, INCLUDING WITHOUT LIMITATION CONTRACT DAMAGES AND DAMAGES
FOR INJURIES TO PERSONS OR PROPERTY, WHETHER ARISING FROM SELLER’S BREACH OF THIS
AGREEMENT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT WITH RESPECT TO
THE PRODUCTS, OR ANY SERVICES IN CONNECTION WITH THE PRODUCTS, IS LIMITED TO AN AMOUNT NOT
TO EXCEED THE PRICE OF THE PRODUCTS. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY
INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES
AND PROFITS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RIGHT TO
RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IS BUYER’S EXCLUSIVE ALTERNATIVE REMEDY IN
THE EVENT THAT ANY OTHER CONTRACTUAL REMEDY FAILS OF ITS ESSENTIAL PURPOSE.