Limited Warranty and Remedies: Seller warrants that Product sold here shall be of merchantable quality, conform to the attached specifications and or Purchase Order, and otherwise to Seller’s standard specifications for said Product, and manufactured to the required specifications for said Product.
SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SELLER EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED.
Buyer’s sole and exclusive remedy for breach of warranty or contract shall be the repair or replacement of defective Product, or, at Seller’s option, to refund the purchase price; provided Product has not been altered, damaged, or modified, the Product has been properly stored or installed correctly, and Buyer promptly notifies Seller of any defect, and returns Product to Seller within 15 days of notice of defect, freight prepaid. Defective Product replaced by Seller shall become the property of Seller. Repaired or replacement Product will be shipped to Buyer F.O.B. Buyer’s facility. Product not found defective shall be shipped back to Buyer F.O.B. Seller’s facility.
Seller is not responsible for any charges relating to warranty work that has not been authorized by Seller in writing. If Seller, without separate compensation, furnishes Buyer with advice or other assistance concerning any Product or any system or equipment in which any such Product may be installed, the furnishing of such advice or assistance will not subject Seller to any liability whether in contract, tort (including negligence and strict liability) or otherwise.
Buyer will indemnify and hold harmless Seller from and against all damages, losses, claims, and expenses, including attorney fees, incurred by Seller as a result of:
Incorporation of the Product into another product, or
Any breach by Buyer of any of its obligations under these terms of sale.
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