AFM Exclusive Warranty and Remedy
Exclusive Warranty and Remedy
Seller’s price is based on the allocation of risk set forth herein. The exclusive remedy provided hereinafter shall not be deemed to have failed of its essential purpose, even if difficulties are first discovered after the articles are in use, so long as Seller is willing and able to repair or replace the articles comprising the failure or to refund the purchase price in the prescribed manner.
Seller warrants for a warranty period of 60 days from the date of invoice that the articles sold are manufactured and shipped free from substantial defects in materials and workmanship and are in conformance with the certificates of conformance or compliance or the like, if any, signed by it’s authorized representative. The foregoing warranty is subject as to each shipment to variations permitted by the quality level or sampling specified by Buyer or to those of Seller if Buyer does not specify them.
Based on the inability of Seller to control the operation or parameters of testing that go along with articles, coupled with Seller’s incomplete access to information both design and operational, Sellers liability and warranty is against defects in materials and workmanship of articles only at the time of shipment. It is in lieu of all other warranties. There is no implied warranty of merchantability or fitness for a particular purpose. The exclusive remedy is replacement of defective products or, at the Seller’s option, refund of their purchase price of the product. It is therefore the standard procedure of the Seller, on non-industry standards (custom articles) to have the Buyer, approve drawings, test and approve articles using their equipment and under their operating conditions, prior to ordering articles other than for testing purposes.
Buyer is to inspect the articles; and should failure to conform to this warranty be discovered within the warranty period, Seller will, if promptly notified, remedy the failure by suitable repair or replacement of the articles at its own expense or, at its option, by refund of the portion of the purchase price attributable to those comprising the failure. No returns are to be made unless authorized by Seller and accompanied by an RGA number.
Seller’s warranty also includes a warranty of title and against infringement as to articles manufactured by it to its own design and specifications.
Except as provided in this paragraph, all obligations of Seller for damages exceeding the purchase price are excluded and disclaimed; including without limitation those deemed to be incidental, consequential, special, for economic or commercial loss, for repair or recall, indemnification, contribution, or otherwise and whether or not occasioned by Seller’s negligence, tort, breach of express or implied warranty, strict liability, liability under statute or regulation, or otherwise.
The warranty and remedy provided in this paragraph and the obligations and liabilities of seller thereunder are exclusive and in lieu of and Buyer hereby waives all other remedies, warranties, or guarantees, express or implied arising by law, statute, or otherwise (including without limitation any obligations or warranties of seller with respect to merchantability, fitness for a particular purpose, description, design, durability, reliability, performance, and consequential, special or incidental damages), or whether or not occasioned by seller’s negligence, strict liability, or tort, and all such remedies, warranties, or guarantees are excluded and disclaimed.
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