WARRANTY AND REMEDY. Unless otherwise expressly stated on the face hereof Seller warrants to Buyer for a period of three months from the date of shipment and/or performance of services, that its services hereunder are performed in a good and workmanlike manner in that goods delivered hereunder are free from defects in materials and workmanship except that the materials furnished by Seller’s suppliers or subcontractors are warranted by Seller only to the extent of the supplier’s or subcontractor’s express warranty to Seller. If during such period Buyer promptly notifies Seller in writing of any breach in such warranty and complies with any applicable warranty procedures of Seller, Seller shall at Seller’s option, re-perform services, repair or replace any defective goods at Seller’s plant (Buyer to pay all transportation charges) or refund the price of the goods or services or part thereof which gives rise to the claim. Seller shall make no allowance for repairs or alterations made by Buyer, unless made with Seller’s prior written consent. The foregoing shall constitute the sole and exclusive remedy of Buyer and the full liability of seller for any breach of warranty. THE FOREGOING IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED, INCLUDING ANY WARRANTY OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR PURPOSE AND SUPERCEDES AND EXCLUDES ANY ORAL WARRANTIES OR REPRESENTATIONS OR WRITTEN WARRANTIES OR REPRESENTATIONS NOT EXPRESSLY DESIGNED IN WRITING AS A “WARRANTY” OR “GUARANTEE” OR SELLER, MADE OR IMPLIED IN ANY MANUAL, LITERATURE, ADVERTISING, BROCHURE OR OTHER MATERIALS.
LIMITATIONS OF SELLER’S LIABILITY. Seller’s liability or any claim of any kind, including negligence, with respect to the goods or services covered hereunder, shall in no case exceed the price of the goods or services or part thereof which gives rise to the claim. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES IN THE NATURE OF PENALTIES.
LIMITATION OF ACTIONS. Any action for any loss or damage with respect to the goods or services covered hereunder must be commenced by Buyer within one year after the Buyer’s cause of action has accrued.
INDEMNIFICATION AND WAIVER. Buyer shall defend, indemnify, and hold harmless Seller from any loss or damage sustained directly by Seller and from and against all claims asserted against Seller with respect to the goods or services covered hereunder arising in whole or in part out of (a) failure of Buyer, its agents, employees, or customers to follow specifications, instructions, warnings, or recommendations furnished by Seller, (b) misrepresentation by Buyer, its agents, employees, or customers, (c) the sole or contributing negligence of Buyer, its agents, employees, or customers, or (f) alleged infringement of any patent, trademark, or copyright as a result of Seller’s performance in accordance with Buyer’s designs, plans, or specifications. Buyer hereby waives and releases Seller from all rights or contribution or indemnity to which it may otherwise be entitled. As used in this paragraph, the term “Seller” shall mean Seller, its officers, directors, agents, employees, subcontractors, parents, subsidiaries, divisions, and affiliates.
NO REPRESENTATIONS OR WARRANTIES. SELLER MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN FACT, OR IN LAW, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. BUYER OR USER ACKNOWLEDGES THAT THE PRODUCT(S) ARE PROVIDED “AS IS.” IN NO EVENT SHALL SELLER OR, ANY MANUFACTURER OR, SUPPLIER BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT SPECIAL, OR CONSEQUENTIAL, WHICH A BUYER OR USER MAY INCUR IN CONNECTION WITH THE PRODUCT. USE AT YOUR OWN RISK.