Limited Warranty, Limitation Of Remedies and Liability, And Other Terms of Sale
All sales of product of Beltservice Corporation or one of its divisions or subsidiaries (each "Manufacturer") shall be made solely and exclusively on Manufacturer's Standard Terms of Sale. Manufacturer's acceptance of any Purchase Order is hereby expressly made conditional on the Buyer's assent to all of Manufacturer's Standard Terms of Sale, including without limitation terms and conditions that are additional to or at variance with the terms and conditions of the Buyer's Purchase Order. Manufacturer's Standard Terms of Sale, which are set forth in full in this catalog (see Table of Contents), include the following Limited Warranty and Limitation of Remedies and Liability.
Manufacturer warrants only that Products manufactured by Manufacturer, when shipped, are free from defects (within normal industry allowances) of material and workmanship when properly installed and used for the intended purpose and operated under normal service conditions for a period of one (1) year after the date of tender and delivery; provided, Buyer gives Manufacturer written notice of any such defect within the warranty period. Claims not made within such one year period shall be barred. Defective and nonconforming Products must be held for Manufacturer's inspection and return to Manufacturer upon request. Normal wear and deterioration are excluded. Manufacturer does not warrant Products which have been subject to misuse, negligence, carelessness, accident, overloading, improper maintenance, service adjustments, improper actions by someone other than Manufacturer, alterations, modifications or replacements. This warranty does not apply to normal maintenance, service adjustments or replacements. Products that are repaired or replaced during the warranty period will be covered by foregoing warranty for the remainder of the original warranty period or 90 days, whichever is longer. Notwithstanding the foregoing, goods and parts not manufactured by Manufacturer and work not performed by Manufacturer are warranted only to the extent (and in the manner) that they are warranted to Manufacturer by Manufacturer's vendors, that such warranties can be passed to Buyer, and that it is reasonable to enforce such warranties. Manufacturer shall have no obligation to enforce any such warranties unless Buyer expressly agrees to pay all costs (including, without limitation, attorney fees and court costs) associated with such enforcement. THE WARRANTIES STATED HEREIN ARE EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTIES WHETHER ORAL, WRITTEN, IMPLIED, EXPRESSED, STATUTORY, OR ARISING BY LAW OR CUSTOM, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO PRODUCTS MADE PURSUANT TO BUYER'S SPECIFICATIONS, WHETHER THE PRODUCTS ARE USED ALONE OR IN COMBINATION WITH OTHER SUBSTANCES OR DEVICES.
Buyer's sole and exclusive remedy against Manufacturer for any breach of warranty shall be, at Manufacturer's option, either (i) the repair or replacement of defective Products or any parts found by Manufacturer to be defective without charge by Manufacturer or (ii) a refund of an equitable portion of the new purchase price of defective Products. The Products must be returned to Manufacturer's factory, transportation charges prepaid and accompanied by a claim in writing. MANUFACTURER'S LIABILITY SHALL NOT EXCEED THE NET PURCHASE PRICE PAID BY BUYER FOR THE PRODUCTS GIVING RISE TO THE CLAIM OR CAUSE OF ACTION, AND UNDER NO CIRCUMSTANCES SHALL MANUFACTURER BE LIABLE FOR DAMAGES RELATING TO SUPPLY, PAY FOR LABOR DOWNTIME OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. THESE LIABILITY LIMITATIONS AND EXCLUSIONS SHALL APPLY REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION, WHETHER IN CONTRACT, WARRANTY, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE. THE PRICE STATED FOR THE PRODUCTS IS A CONSIDERATION IN LIMITING MANUFACTURER'S LIABILITY.