The Seller warrants that all products provided hereunder shall be free from defects of material or workmanship and shall conform to applicable specifications and drawings.
The sole obligation of Seller under this warranty shall be limited to providing Buyer with a credit or refund in the amount of the purchase price of any unit provided by the Seller which may prove defective under normal and proper use, determined by Seller. At Sellers option unit claimed by Buyer to be defective may be inspected at Buyers location, or, when authorized, returned to Seller. Buyer shall notify Seller in writing within 90 days of date of shipment of products provided by Seller hereunder of any claim whatever Buyer may have with respect to such products. Failure to give notice within the time specified herein shall constitute an unqualified acceptance and waiver of all claims.
THIS WARRANTY IS EXPRESSLY MADE IN LIEU OF ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE.
In no event shall Seller be liable for consequential or special damages or for transportation, installation, adjustment, or other expenses which may arise in connection with such products. Seller makes absolutely no warranty whatsoever with respect to equipment or components not supplied by Seller. In the event products provided hereunder by Seller are to be used or combined by Buyer with other equipment or components not furnished by Seller, Buyer shall indemnify and hold Seller harmless on all claims resulting from the use or incorporation of Sellers products therewith.
No person, firm, or corporation is authorized in any manner to assume for Seller any other liability in connection with sale of the products provided hereunder.
Any legal action involving any controversy or claims arising out of or related to this contract, or breach thereof, must be commenced within one year after the cause of action has occurred.