Terms and Conditions
WARRANTIES
Seller warrants that it is conveying good title to the products supplied hereunder, free
of any security interest or other encumbrance of which buyer has no knowledge, and that products
supplied hereunder are of merchantable quality, as defined in sub paragraphs (a) through (f) of section
2314 of the Uniform Commercial Code.
DISCLAIMER OF WARRANTIES
The warranties specified in the above paragraph are Seller’s sole
warranties with respect to the products supplied hereunder, Buyer acknowledges it is relying on no
CLAIMS AND EXCLUDES ALL OTHER WARRANTIES OF ANY KIND WHATEVER, EXPRESS OR
IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE WHICH EXCEEDS THE AFORESTATED WARRANTIES.
REMEDY FOR BREACH OF WARRANTY
If any product supplied hereunder is not as warranted above,
Buyer shall return the product FOB Seller’s plant as soon as possible after discovery of the defect, and in
any event within (1) year after date of purchase. If Seller determines that one of the its above warranties
has been breached, Seller shall replace the product, if a replacement is reasonably available, or refund
the purchase price after charging, in either event, for the service rendered by the defective product.
LIMITATION OF LIABILITY
The remedy set forth in the preceding paragraph is the sole and exclusive
remedy of Buyer for the breach of the above warranties. SELLER’S LIABILITY SHALL IN NO EVENT
EXCEED THE REPLACEMENT COST OF THE DEFECTIVE PRODUCT AND BUYER WAIVES ANY
RIGHT TO CONSEQUENTIAL DAMAGES BEYOND THE REPLACEMENT COST OF THE DEFECTIVE
PRODUCT.
INDEMNITY
Buyer shall indemnify and hold Seller harmless from and against all liability and expenses
including attorney fees, arising out of or attributable to the use of any equipment containing any product
supplied hereunder.
REPAIRS
The warranties stated herein are void if repairs to the products supplied hereunder are done or
attempted by anyone other than Seller, unless buyer shall first have obtained Seller’s written consent to
such repairs.
RETURNED GOODS
Prior authorization is required for all returns. Returns must be prepaid. All returns
must be made within 30 days and still be in original package. All returns are subject to a restocking
charge of 25% and must be inspected and counted after receipt.
