All goods sold are warranted to be free from defects in material and workmanship. Seller’s sole obligation under these warranties shall be to issue credit, repair or replace any item or part thereof which is proven to be other than as warranted. Seller shall have the sole right to determine whether such parts shall be required or replaced or whether credit shall be issued. No allowance shall be made for any labor charges of Buyer for replacement parts, adjustments or repairs, or any other work, unless advance written authorization for such charges is given by the Seller.
In no event shall Seller be liable for special or consequential damages. If goods are claimed to be other than as warranted, Seller, upon notice promptly given, will either examine the goods at their site or issue shipping instructions for return to Seller. Every such claim for breach of the warranties herein contained shall be deemed to be waived by the Buyer unless made in writing within 30 days from the date of shipment of the goods to which the claim relates. All returned orders require and RMA to be submitted with the return and are subject to a 20% restocking fee.
These warranties shall not extend to any goods or parts thereof which have been subjected to misuse, mishandling, or neglect, damaged by accident, rendered defective by reasons of improper installation or by the performance of repairs or alterations outside Seller’s facility. These warranties shall not apply to any goods or parts thereof furnished by the Buyer or acquired from others at Buyer’s request and/or to Buyer’s specifications.
This warranty is expressly in lieu of all other warranties, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose and/or any other obligation or liabilities on the part of the Seller, including non-contractual liabilities for personal injury or property damage or any other product liabilities based upon negligence or strict liability.
In no event, whether as a result of breach of contract or warranty, alleged negligence or otherwise, shall Seller be liable for special, incidental or consequential damages, including, but not limited to, loss of profits or revenue, loss of use of product or other equipment, costs of substitute equipment, downtime costs, or claims of customers of Buyer for such damages. Seller neither assumes nor authorizes any other person to assume for it any other liability in connection with its products.