Seller makes no representations of warranties except that Seller warranties
that all goods manufactured by it shall be free from material defects in
material and workmanship for a period of one (1) year from the date of
shipment to the Purchaser. If within such one-year period, such goods shall
be proven to me materially defective to Seller's reasonable satisfaction,
then such defective goods shall be repaired or replaced, at the Seller's
sole option. Such corrections or replacements shall constitute a
fulfillment of all liabilities in respect of such goods. The warranty for
all goods sold by Seller but manufactured by others shall be the warranty
provided by such manufacturer for such goods. Seller shall take all
reasonably commercial efforts (other than payment of money) to provide the
manufacturer's warranty to purchaser.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER EXPRESS
AND IMPLIED WARRANTIES WHATSOEVER (EITHER IN FACE OR BY OPERATION OF LAW),
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE.
Seller is not liable for damage to goods, property or persons arising out
of the improper installation of such goods; modification, repair or
tampering by anyone other than Seller or such goods; misuse of the goods;
or utilization of the goods under conditions, which exceed specifications
for such goods.
THE PARTIES EXPRESSLY AGREE THAT THE LIMITATIONS OF INCIDENTAL AND
CONSEQUENTIAL DAMAGES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND
SHALL SURVIVE THE DETERMINATION OF ANY COURT OF COMPETENT JURISDICTION THAT
ANY REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE.