The parties acknowledge and agree that there have been and are no inducements to contract, no representations made for the purpose of inducing a contract, and no considerations other than those expressly set forth in the Agreement. All payments shall be made without setoff or retention by Buyer. Late payments shall be subject to interest on the unpaid balance at the rate of 1. Credit is subject to approval. Seller, at its option, will repair or replace, or refund the purchase price of any Products which fail within the warranty period and are found upon examination by Seller to be defective in material or workmanship, or both.
This warranty does not cover failures attributable to improper use or maintenance, exceeding rated capacity, alteration, accident, normal wear of moving parts, or damages caused by shipment. Any components not manufactured by Seller are excluded from this warranty.
Buyer must give written notice to Seller at the address shown below of any warranty claim within thirty days 30 after failure, and if so instructed, return to Seller the Products to be replaced or repaired, with all transportation charges prepaid by Buyer. Replacement Products will be invoiced to Buyer, with credit issued for Products covered by this warranty and freight thereon.
The Seller shall have no other liability to the Buyer in connection with the Product, whether claimed in contract, equity, tort including negligence, gross negligence or strict liability or otherwise, for or resulting from any Products provided or any errors or omissions. By way of example of the foregoing disclaimer, but without limiting in any manner its scope or application, the Seller shall not be liable for all or any part of the following losses, costs or expenses, no matter how claimed, computed, or characterized: lost profit or revenue, lost return on investment, cost of capital, lost operating time or production, lost reduced use or value of any facilities including existing facilities or any portion of any facilities, expense of replacement products or power, or increased costs of operations or maintenance.
This disclaimer shall be enforceable whether or not any limitation of remedies described herein is deemed to have failed in its essential purpose. Any delay resulting from such causes shall extend corresponding shipping dates accordingly. Delivery period proposed is an estimate based on conditions on the Effective Date of the Agreement. Delivery shall be F. All jigs, fixtures, and tooling are the sole property of Seller.
