Goods not manufactured by Seller are the products of reputable manufacturers sold under their respective brand or trade names. Seller makes no express or implied warranty as to such goods. Buyer’s remedies for defects of goods is subject to any limitations contained in their manufacturer’s terms and conditions to Seller and the provisions of the manufacturer’s warranty either or both of which will be furnished to Buyer upon written request. Goods manufactured by Seller are warranted to be free from defects in material or workmanship for one year from date of shipment. Buyer acknowledges that it is not relying on Seller’s skill of judgment in the selection or furnishing of any materials or goods. The sole obligation of Seller shall be at its option to repair or replace the defective goods.
Goods to be repaired or replaced shall be returned to Seller freight prepaid by Buyer and returned to Buyer freight prepaid by Seller. Seller’s maximum liability shall not in any case exceed the contract price of the goods claimed to be defective or unsuitable. THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE GOODS PURCHASED HEREUNDER AND IS EXPRESSLY IN LIEU OF ANY WARRANTIES OR CONDITIONS OTHERWISE IMPLIED BY LAW INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. SELLER SHALL NOT BE LIABLE FOR LABOR, LOSS OF PRODUCT, SPECIAL OR CONSEQUENTIAL DAMAGES.
The remedies under the warranty set forth herein shall be the only remedies available to Buyer or any other person and Seller does not assume any other obligations or responsibility with respect to the condition of the goods and neither assumes nor authorizes anyone else to assume any additional liability. Seller shall not be liable for personal injuries or property damage due to use of any goods or by reason of any delays or any alleged failure of any goods to operate.
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