User Instructions
Limitation of Remedy
Upon Buyer’s submission of a claim as provided above and its
substantiation, Chromalox shall at its option either (i) repair or
replace its Products, parts or work at the original f.o.b. point of
delivery or (ii) refund an equitable portion of the purchase
price.
THE FOREGOING IS CHROMALOX’S ONLY
OBLIGATION AND BUYER’S EXCLUSIVE REMEDY FOR
BREACH OF WARRANTY, AND IS BUYER’S EXCLUSIVE
REMEDY AGAINST CHROMALOX FOR ALL CLAIMS
ARISING HEREUNDER OR RELATING HERETO
WHETHER SUCH CLAIMS ARE BASED ON BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE AND
STRICT LIABILITY) OR OTHER THEORIES, BUYER’S
FAILURE TO SUBMIT A CLAIM AS PROVIDED ABOVE
SHALL SPECIFICALLY WAIVE ALL CLAIMS FOR
DAMAGES OR OTHER RELIEF, INCLUDING BUT NOT
LIMITED TO CLAIMS BASED ON LATENT DEFECTS. IN
NO EVENT SHALL BUYER BE ENTITLED TO
INCIDENTIAL OR CONSEQUENTIAL DAMAGES AND
BUYER SHALL HOLD CHROMALOX HARMLESS
THEREFROM. ANY ACTION BY BUYER ARISING
HEREUNDER OR RELATING HERETO, WHETHER
BASED ON BREACH OF CONTACT, TORT
(INCLUDING NEGLIGENCE AND STRICT LIABILITY)
OR OTHER THEORIES, MUST BE COMMENCED
WITHIN ONE (1) YEAR AFTER THE DATE OF
SHIPMENT OR IT SHALL BE BARRED.
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