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WARRANTY
Warranty. Seller warrants to Buyer that the Goods reasonably conform to Buyer’s specications
attached hereto or if none are attached, then such Goods shall reasonably conform to Seller’s
sample provided to Buyer, or if none is provided, then Seller’s standard specications in effect
at the time of this Order (subject to the provision of tolerances and variations described above)
and that such Goods are reasonable free from defects in material and workmanship under
normal use and service. Seller’s warranties hereunder shall not apply to items manufactured or
produced or services provided by persons or entities other than Seller. Seller hereby disclaims
any warranty regarding speed of production or output or economics of operation with respect to
the Goods.
If such matters are set forth or described in the specications applicable to the Goods such
statement or description shall be deemed to be an estimate only. Buyer shall be responsible to
test the Goods upon receipt; provided, however, that Seller shall be notied of any such testing
and Seller has the right to be present at any such testing. Any warranties of Seller with respect
to the Goods shall be null, void and without effect if such Goods have been altered or repaired
by persons or entities other than Seller, unless otherwise agreed to (in writing) by Seller. Not-
withstanding any contrary provision contained herein, the warranties of Seller hereunder shall
become effective and valid only for one year from the date of the bill of lading issued by the
carrier at the designated f.o.b. point. THE WARRANTIES SET FORTH IN THIS ORDER ARE
SELLER’S EXCLUSIVE WARRANTIES AND SELLER EXPRESSLY DISCLAIMS ALL OTHER
WARRANTIES (WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY), INCLUDING (BUT
NOT LIMITED TO) ANY WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. Any claim for breach of Seller’s warranties must be demonstrated to
Seller’s satisfaction to have existed at the time of delivery of the Goods and shall be deemed
waived by Buyer unless written notice of such claim is actually received by Seller within twelve
(12) months after Seller has shipped the Goods (FOB, Seller’s Factory) to which such claim
relates. Seller’s liability under this Order shall be expressly limited (at Seller’s option) to the re-
placement or repair of non-conforming or defective Goods or to the credit for the purchase price
of non-conforming Goods. Prior to said repair, replacement, or credit, Seller has the right to
inspect the Goods claimed to be defective or non-conforming, and, if requested by Seller, Buyer
shall return such Goods to Seller at Seller’s direction and expense. No Goods are to be returned
to Seller without Seller’s prior written consent. THE REMEDIES SET FORTH
HEREUNDER SHALL CONSTITUTE THE EXCLUSIVE REMEDIES AVAILABLE TO BUYER
AND ARE IN LIEU OF ALL OTHER REMEDIES.
Warranty_01-2014
03/2015TB100/TB130
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