Seller warrants to Buyer that the product is free from defect for a period of 180 days following the manufacturing date of such product. Seller’s only obligation is to replace the quantity of the product proved by Buyer to be defective within 180 days from its manufacturing date.
EXCEPT FOR THIS LIMITED WARRANTY, (A) NEITHER SELLER NOR ANY PERSON ON SELLER’S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, EITHER ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND NON-MISAPPROPRIATION OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND (B) BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY SELLER, OR ANY OTHER PERSON ON SELLER’S BEHALF.
Seller shall not be liable for any loss or damage, direct or consequential (including indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues, or diminution in value), from use of or inability to use the product, regardless of (a) whether such damages were foreseeable, (b) whether or not Buyer was advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
Before using or sending to a third party, Buyer shall determine suitability of the product for intended use, and Buyer assumes all risks and liability whatsoever in the connection therewith.
This warranty does not include:
- Any condition resulting from a use for which the product was not intended
- Any condition resulting from incorrect or inadequate storage
- Damage resulting from misuse, abuse, negligence, accidents or shipping damage
- Dissatisfaction due to Buyer’s remorse
- Damages incurred during transportation
THIS IS SELLER’S SOLE AND EXCLUSIVE WARRANTY, AND THERE SHALL BE NO THIRD PARTY BENEFICIARIES TO THIS WARRANTY. The foregoing may not be changed except by an agreement signed by an officer of the Seller.
Oct. 2023 v.1