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18. LIMITED WARRANTY
Manufacturer warrants all pneumatic plugs manufactured by it and shown
in this manual will be free from defects in material and workmanship
for two (2) years following the date of manufacture. If any of the goods
are found to be defective, such goods will, at manufacturer’s option be
replaced or repaired at manufacturer’s cost. The parties hereto expressly
agree that buyer’s sole and exclusive remedy against the manufacturer
shall be for the repair and/or replacement of defective goods as provided
herein. (The sole purpose of the stipulated exclusive remedy shall be to
provide the buyer with free repair and replacement of defective goods in
the manner provided herein. The exclusive remedy shall not be deemed
to have failed of its essential purpose so long as the manufacturer is
willing and able to repair or replace defective goods in the prescribed
manner.) Goods which may be sold by manufacturer but are not
manufactured by it are not warranted by manufacturer, but are sold
only with the warranties, if any, of the original manufacturers thereof.
(This warranty does not cover labor or other costs or expenses to remove
or install any defective, repaired or replaced goods.) Manufacturer’s
warranty does not apply to any goods which have been subjected to
misuse, mishandling, misapplication, neglect (including but not limited
to use of unauthorized parts or attachments), or adjustment or repair
performed by anyone other than manufacturer or one of manufacturer’s
authorized agents.
Any claim by buyer with reference to the goods sold hereunder shall be
deemed waived by the buyer unless submitted in writing to manufacturer
within the earlier of (1) thirty (30) days following the date buyer
discovered or by reasonable inspection should have discovered, any
claimed breach of the foregoing warranty, or (2) twenty-ve (25) months
following the date of manufacture. Any cause of action for breach of the
foregoing warranty shall be brought within one year from the date the
alleged breach was discovered or should have been discovered, whichever
comes rst.
LIMITATION OF LIABILITY. Manufacturer’s liability (whether under the
theories of breach of contract or warranty, negligence, or strict liability)
for its goods shall be limited to repairing or replacing parts found by the
manufacturer to be defective, or at manufacturer’s option, to refunding
the purchase price of such goods or parts thereof.
DISCLAIMER OF CONSEQUENTIAL DAMAGES. In no event shall
manufacturer be liable for consequential damages arising out of or in
connection with this agreement, including without limitation breach
of any obligation imposed on manufacturer hereunder or in connection
herewith. Consequential damages for purposes hereof shall include,
without limitation (including death) to any person, or loss or damage to
property (including without limitation property handled or processed by
the use of the goods). Buyer shall indemnify manufacturer against all
liability, cost or expense which may be sustained by manufacturer on
account of any such loss, damage or injury.
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