a. Company warrants its Goods to be free from material defects in material and workmanship except:
i. when Goods have been modified following delivery and/or subject to improper handling, storage, installation, operation, or maintenance.
ii. when an item is purchased by Company as a component part of the Goods, except to the extent to which such item or items are covered by the warranty, if any, of the original manufacturer.
iii. when an item which is a component part of the product has been furnished by Buyer.
iv. no warranty of a component part shall extend beyond the warranty period of the device in which such component part is incorporated.
b. There is no implied warranty of merchantability or of fitness for particular purpose and there are no warranties of any nature except as set forth in paragraph 3 herein.. Any claim by Buyer made pursuant to Company’s warranty must be made in writing. Company shall have the right to inspect the Goods claimed to be defective and shall have the right to determine the cause of such alleged defect. All Goods replaced or repaired by Company under its warranty shall be replaced or repaired F.O.B. Company’s plant. Buyer must notify Company, in writing, within fifteen (15) days from receipt of Goods of any obvious defect in the product, or shortages, or Company shall have no obligation to correct such defect. Company shall have the option of re-inspection at Buyer’s plant or its own before allowing or disallowing Buyer’s claim. Defects that do not impair service shall not be a cause for rejection or recovery under any warranty. Buyer assumes full responsibility for the use and application of the product. Buyer accepts Company’s design and material selection and specifications in placing this order unless other specifications are agreed to in writing by both parties prior to the manufacture of Goods by Company
Limitation of Liability :
Company’s liability under its warranty is expressly limited to the repair, replacement, or refund of the invoice price of Goods, which prove to be defective in materials or workmanship within a period of 90 days of delivery to Buyer. The repair, replacement or refund of the Goods shall be at Company’s sole discretion. The Company’s obligation to repair or replace defective Goods or refund the invoice price constitutes agreed and liquidated damages for any breach of warranty by Company. Company shall not be liable for incidental or consequential damages of any kind including consequential damages for injury to any person. In no event Shall Company be liable for incidental or consequential damages arising out of or in connection with the Agreement, including without limitation, breach of any obligation or warranty imposed on Seller hereunder or in connection herewith. Consequential damages for purposes hereof shall include without limitation, loss of use, income or profit, or losses sustained as the result of injury to any person, or loss of or sustained as the result of work stoppage. Buyer shall indemnify Seller against all liability, cost or expense, which may be sustained by Seller on account of any such loss, damage or injury
Buyer shall indemnify and hold Company harmless from and against all claims and causes of action for damages and expenses of every kind and character including costs of suit and reasonable attorney’s fees asserted against Company, its agents, servants and employees arising out of or in any manner connected with the product or use of the product listed on the face hereof. This includes, but is not limited to, all claims and causes of action resulting from patent or trademark infringement, which are based, in whole or in part, from Goods manufactured to Buyer’s specifications.