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DUFF-NORTON ELECTROMECHANICAL ACTUATOR
LIMITATION OF WARRANTIES, REMEDIES AND DAMAGES
The warranty stated below is given in place of all other warranties,
express or implied, of merchantability, fitness for a particular purpose or
otherwise. No promise or affirmation of fact made by any agent or
representative of seller shall constitute a warranty by seller or give rise to
any liability or obligation.
Seller warrants that on the date of its delivery to carrier the goods are
free from defects in workmanship and materials.
Seller’s sole obligation in the event of breach
of warranty or contract or for negligence or otherwise with respect to goods
sold shall be exclusively limited to repair or replacement, f.o.b. seller’s
point of shipment, of any parts which seller determines to have been defective
or if seller determines that such repair or replacement is not feasible, to a
refund of the purchase price upon return of the goods to seller.
Any action against seller for breach of warranty, negligence or otherwise must
be commenced within one year after such cause of action accrues.
No claim against seller for any defect in the goods shall
be valid or enforceable unless buyer’s written notice thereof is received by
seller within one year from the date of shipment.
Seller shall not be liable for any damage, injury or loss arising out of the
use of the goods if, prior to such damage, injury or loss, such goods are (1)
damaged or misused following seller’s delivery to carrier; (2) not maintained,
inspected, or used in compliance with applicable law and seller’s written
instructions and recommendations; or (3) installed, repaired, altered or
modified without compliance with such law, instructions or recommendations.
Under no circumstances shall seller be liable for incidental
or consequential damages as those terms are defined in section 2-715 of the
uniform commercial code.
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