Seller warrants for one year from the date of shipment Sellers manufactured products to the extent that Seller will replace those having defects in material or workmanship when used for the purpose and in the manner which Seller recommends. If Sellers examination shall disclose to its satisfaction that the product is defective, and an adjustment is required, the amount of such adjustment shall not exceed the net sales price of the defective products only and no allowance will be made for labor or expense of repairing or replacing defective product or workmanship or damage resulting from the same. No adjustment shall be implemented unless product in question is returned to seller in its originally installed condition, still connected to other components of the joint. Buyer must contact Seller as quickly as possible so Seller can assess product in its installed condition. No claims will be honored unless claim is made within forty five (45) days of the defect being found. Where engineering design or fabrication work is supplied, Buyers acceptance of Sellers design or of delivery of work shall relieve Seller of all further obligation, other than expressed in Sellers product warranty. THIS IS SELLERS SOLE WARRANTY. SELLER MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED SELLERS AFORESTATED OBLIGATION ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS WARRANTY. Seller neither assumes, nor authorizes any person to assume for it, any other obligation in connection with the sale of its engineering designs or product. This warranty shall not apply to any products or parts of products which (a) have been repaired or altered outside of Sellers factory, in any manner; (b) have been subjected to misuse, negligence or accidents; (c) have been used in a manner contrary to Sellers instructions or recommendations. Seller shall not be responsible for design errors due to inaccurate or incomplete information supplied by Buyer or its representatives. This warranty is non-transferable.
LIABILITY
Seller will not be liable for any loss, damage, cost of repairs, incidental or consequential damages of any kind, whether based upon warranty
(except for the obligation accepted by Seller under Warranty above), contract or negligence, arising in connection with the design, manufacture, sale, use or repair of the products or of the engineering designs supplied to Buyer.