Pentek Warranty

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.

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