Limited warranties, remedies, and limitations
Seller warrants to Buyer that for one (1) year following the date the goods are sold to Buyer; the goods will be free from defects in material and workmanship under normal use and service. Seller’s liability and Buyer’s remedy under this warranty are strictly limited to replacing the defective goods or refunding the purchase price received for the defective goods, at Seller’s sole option, provided that Buyer gives Seller prompt written notice of the non-conformity within the warranty period and gives Seller satisfactory evidence of the non-compliance. Seller shall not be liable to Buyer for any defective or non-conforming goods until and unless the same are returned to Seller. Transportation charges to and from Seller’s location for the return of non-conforming goods to Seller and their re-shipment to Buyer and the risk of loss thereof will be borne by Buyer. Seller warrants to Buyer that it will convey good title to the property sold. Seller’s liability and Buyer’s remedy under this warranty are strictly limited to the removal of any title defect or, at the sole option of the Seller, to the replacement of the goods or parts thereof which are defective in title.
Exclusive Warranties; Limitations of Liability
The foregoing warranties are exclusive and are given and accepted in lieu of (a) any and all other warranties, express or implied, including without limitation any warranties or merchantability or fitness for a particular purpose or arising out of the conduct of the parties, and (b) any obligation, liability, right, claim or remedy for seller’s negligence, tort or strict liability, actual or imputed.
The remedies of the buyer for breach of any warranty arising hereby, expressed or implied or by operation of law, or for breach of any duty of seller, expressed or implied or arising out of any conduct of the parties shall be strictly limited to those provided herein to the exclusion of any and all other remedies including, without limitation, claims for direct, indirect, incidental or consequential damages. No agreement varying or extending the foregoing warranties, remedies or these limitations will be binding upon seller unless in writing, signed by a duly authorized executive officer of the seller.