As to Seller's products, Seller warrants that such products are in conformity with applicable specifications, subject to standard manufacturing tolerances, variations and practices. As to third party products, Seller makes no warranties and hereby assigns, without recourse, the applicable manufacturer's standard warranties to Buyer. SELLER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Samples supplied by Seller are solely for the purpose of the Buyer's evaluation of the suitability of Seller's products for potential use and, as such, the samples are not intended to serve as warranties of any type, either express or implied. Buyer shall have sole responsibility for selection and specification of the goods appropriate for the end use of such goods, even if Buyer has informed Seller of the end use for such goods. Buyer acknowledges that it alone has determined that the products purchased hereunder with suitably meet the requirements of their intended use.
No representations or warranty, express or implied, made by any sales representative or other agent or representative of Seller which is not specifically set forth in these terms and conditions shall be binding upon Seller.
Buyer agrees to notify Seller within thirty (30) days of discovery of defective products. No claim shall be allowed by any party other than the Buyer. Any claim for breach of an express warranty that is not made within the timeframes set forth herein shall be deemed to have been waived. Unless otherwise agreed to in writing by the Seller, Buyer shall set aside, protect, and hold such products without further processing until Seller has an opportunity to inspect and advise of the disposition, if any, to be made of such products. In no event shall any products be returned, reworked, or scrapped by Buyer without the written authorization of Seller.
Buyer is responsible for and shall maintain and use equipment pursuant to the manufacturer's recommendations. No products will be covered for damage caused by purchaser's neglect of maintenance or use, nor due to electrical surges or in storms or other acts of nature.
Remedies/Limitations of Liability
Seller will, as Buyer's sole and exclusive remedy, and at Seller's option, replace, or, without replacement, render credit for any product sold to Buyer which, if properly selected, stored, processed and used by the Buyer shall prove defective within one (1) year from the date of shipment.
Seller shall not, under any circumstances including, but not limited to, delay in delivery, breach of contract, breach of warranty, negligence, tort, strict liability, or use of products sold by Seller, be liable to Buyer or any other party for any special, incidental, indirect or consequential damages. In no event shall Seller's liability for defective product sold to Buyer exceed the purchase price thereof.