LIMITED EXPRESS WARRANTY (the “Limited Warranty”): Inpro/Seal LLC d.b.a. FW Murphy Production Controls (“Seller”) warrants only to the original end-user of the Products (“Buyer”) that the Products will be free from material defects in materials and workmanship for a period of two (2) years from the date on which the Product is manufactured by Seller (the “Warranty Period”). “Product” is a product manufactured by Seller.
During the Warranty Period, Seller will, at its option and in its sole discretion, repair or replace any Product found by Seller, to its reasonable satisfaction, to be defective under the Limited Warranty; provided, however, that Buyer has returned the defective Product to Seller, shipping costs prepaid in accordance with the “Product Return” section below. ANY SUCH REPAIR OR REPLACEMENT (WHICHEVER REMEDY SELLER DETERMINES IN ITS SOLE DISCRETION TO PROVIDE) SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY, AND SELLER’S SOLE AND EXCLUSIVE LIABILITY, FOR ANY DEFECT OR DEFICIENCY IN THE PRODUCT AND/OR ANY BREACH OF THE LIMITED WARRANTY, AND SUCH REMEDY SHALL NOT BE CONSTRUED TO, OR BE ALLEGED BY BUYER TO, HAVE FAILED OF ITS ESSENTIAL PURPOSE. This Limited Warranty does not extend to any Product that has been improperly installed or used or subjected to neglect, failure to maintain or abuse, nor does it extend to any Product that has been modified, altered, disassembled, or repaired in the field. This Limited Warranty does not cover any cosmetic issues, such as scratches, dents, marring, fading of colors or discoloration. Seller is not liable for any equipment on which the Product is installed. Any Products repaired or replaced under this Limited Warranty are warranted only for the balance of the Warranty Period on the Product that was repaired or replaced.
PRODUCT RETURN. Before returning any Product that Buyer believes is defective, Buyer must provide Seller with details of the warranty claim situation (i.e., the alleged defect), a complete description of the product, details from the Model Number label attached to each product, including Model Number, part number, and date code, and obtain from Seller a Return Materials Authorization Number (RMA Number).
LIMITED WARRANTY DISCLAIMER.
EXCEPT AS EXPRESSLEY SET FORTH ABOVE, AND SUBJECT TO THE LIMITATION OF LIABILITY BELOW, SELLER MAKES NO OTHER WARRANTY, AND EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING UNDER COURSE OF DEALING OR TRADE, WITH RESPECT TO ITS PRODUCTS AND PARTS, WHETHER USED ALONE OR IN COMBINATION WITH OTHERS. SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN.
Any description of Products provided by Seller, whether in writing or made orally by Seller or its employees or agents, and any samples, specifications, bulletins, catalogs, drawings, diagrams, or similar materials used in connection with Seller’s sales efforts or Buyer’s orders, are for the sole purpose of Identifying the Products, and shall not be construed as an express warranty. Any suggestions by Seller or its employees or agents regarding application, use or suitability of the Products shall not be construed as an express warranty. Seller is not responsible for Buyer’s use of the Products ordered by Buyer from Seller.
NON-SELLER MANUFACTURED PRODUCTS. SELLER MAKES NO WARRANTY TO BUYER AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AS TO THIRD PARTY PRODUCTS, IMPLIED OR EXPRESS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
“Third Party Products” are products manufactured by any party other than Seller. Seller shall assign to Buyer the standard published limited warranties of the manufacturer of the Third Party Products sold by Seller to Buyer as in effect on the date of delivery of such Third Party Products to the extent permitted by such warranties and applicable law. The remedy set forth in such warranties is Buyer’s exclusive remedy for any breach of warranty or deficiency in the Third Party Products furnished by Seller. All claims under such published limited warranties must be made by Buyer directly to the manufacturer of the Third Party Products, and not to Seller.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONTINGENT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, DOWNTIME, LOSS OF REPUTATION OR LOSS OF GOODWILL), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; ALL SUCH DAMAGES ARE HEREBY SPECIFICALLY DISCLAIMED. SELLER’S LIABILITY IN ALL EVENTS SHALL NOT EXCEED THE PURCHASE PRICE PAID TO SELLER FOR THE PRODUCT THAT GIVES RISE TO THE CLAIM. ALL LIABILITY OF SELLER SHALL CEASE WITH THE EXPIRATION OF THE WARRANTY PERIOD.