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1. LIMITED WARRANTY: Seller warrants that the goods delivered shall be free from defects in
material and workmanship for a period of one (1) year from the date of Seller’s shipment. Seller’s sole
obligation and Buyer’s exclusive remedy for defects in the goods shall be limited, at Seller’s option, to
either repair or replacement of goods determined to be defective. Transportation and any other
delivery costs to return defective goods to Seller for repair or replacement shall be the responsibility of
Buyer. Any claim by Buyer must be made by Buyer to Seller in writing within five (5) days of the
discovery of the claimed defect but in no event after the expiration of one (1) year from the date of
Sellers’s shipment, whichever is less. Buyer’s failure to so notify Seller of such defects within the
above time periods shall bar Buyer from any remedy under this Warranty, or for recovery of damages
or losses due to defects in the goods. Any return of goods shall be subject to the prior written approval
of Seller.
THIS WARRANTY IS THE SOLE WARRANTY COVERING THE GOODS AND SELLER MAKES NO
OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND ALL
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS WARRANTY. IN NO
EVENT SHALL SELLER BE LIABLE FOR CONSEQUENTIAL, COMPENSATORY, PUNITIVE OR
INCIDENTAL DAMAGES HOWSOEVER ARISING FROM SELLER’S PERFORMANCE OF THIS
CONTRACT OR THE PERFORMANCE OF THE GOODS.
This Warranty shall not apply to goods which have been repaired or altered by other than authorized
representatives of Seller or to damage or defects caused by accident, vandalism, Acts of God, erosion,
normal wear and tear, improper selection by Buyer or others, and other causes beyond Seller’s control.
This Warranty shall not apply to the misapplication, improper installation, or misuse of the goods
caused by variations in environment, the inappropriate extrapolation of data provided, the failure of
Buyer or others to adhere to pertinent specifications or industry practices, or otherwise.
2. LIMITATION OF SELLER’S LIABILITY:
Seller’s liability on any claim of any kind, including claims
based upon Seller’s negligence, breach of contract, or strict liability in tort, for any loss or damage
arising out of, connected with, or resulting from the use of the goods furnished hereunder or Seller’s
performance of this contract, shall in no case exceed the purchase price allocable to the goods or part
thereof which give rise to the claim. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES HOWSOEVER ARISING OUT OF SELLER’S
PERFORMANCE OF THIS CONTRACT AND NOTWITHSTANDING WHETHER SELLER MAY HAVE
BEEN ADVISED OR IS ADVISED OF THE POSSIBILITY OF SPECIAL (OR LIQUIDATED)
DAMAGES.
Phone: (714) 848-8001
FAX: (714) 848-0973
18192 GOTHARD STREET • HUNTINGTON BEACH, CA 92648
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