Limited Warranty. Seller warrants to the original purchaser that the Product covered by this Limited Warranty will remain free from defects in workmanship or material under normal commercial use and service for a period of one year from the date of shipment to the original Purchaser. This Warranty shall not apply to defects arising, in whole or in part, from any accident, negligence, alteration, misuse or abuse of the Product, operation of the Product which is not in accordance with applicable instructions or manuals or under conditions more severe than, or otherwise exceeding, those set forth in the written specifications for the Product, nor shall this Warranty extend to repairs or alterations of the Product and/or any maintenance part by persons other than Seller or Seller’s authorized representatives. This warranty does not apply to accessory items. Further, this Warranty does not apply to damage or wear to the surface finish or appearance of the Product or normal wear and tear to the Product. This Warranty is limited to a purchaser who purchases the Product either directly from the Seller or from one of Seller’s “Authorized Distributors”. An Authorized Distributor is a Seller approved distributor that purchases the Product directly from the Seller for the sole purpose of re-selling the Product at retail, without any use or modifications whatsoever, to an end-purchaser. This warranty is specifically non-assignable and non-transferable.
Disclaimer of Warranty. The foregoing Limited Warranty is exclusive and is in lieu of all other warranties, whether oral or written and whether express, implied, or statutory. Seller hereby disclaims all other warranties, including but not limited to the warranties of merchantability and/or fitness for a particular purpose and all such other warranties are hereby excluded and are inapplicable to the product. Seller makes no warranties or representations of any kind concerning respirators, or equipment made by other manufacturers. Seller’s agents and representatives are not authorized to offer any further warranties.
Exclusive Remedy for Warranty Claims. THE SOLE AND EXCLUSIVE REMEDY UNDER THE FOREGOING LIMITED WARRANTY, AND TO THE EXTENT PERMITTED BY LAW, ANY WARRANTY OR CONDITION IMPLIED BY LAW, COVERING THIS PRODUCT SHALL BE, AT THE SELLER’S OPTION, THE REPAIR OR REPLACEMENT, FREE OF CHARGE, F.O.B. POINT OF MANUFACTURE, OF ANY DEFECTIVE PART OR PARTS OF THE PRODUCT THAT WERE MANUFACTURED BY SELLER, AND WHICH ARE RETURNED TO SELLER AT SELLER’S PRINCIPAL PLACE OF BUSINESS, POSTAGE PREPAID BY THE PURCHASER. THIS SOLE AND EXCLUSIVE REMEDY IS CONDITIONED UPON PURCHASER’S PROMPT WRITTEN NOTICE TO SELLER AT SELLER’S PLACE OF BUSINESS THAT A DEFECT HAS BEEN DISCOVERED, TOGETHER WITH A REASONABLY DETAILED DESCRIPTION OF THE DEFECT IN THE PRODUCT, PROOF OF PURCHASE OF THE PRODUCT, AND THE MODEL AND IDENTIFICATION NUMBER OF THE PRODUCT WITHIN THIRTY (30) DAYS AFTER DISCOVERY OF THE DEFECT, OTHERWISE SUCH CLAIMS SHALL BE DEEMED WAIVED. NO ALLOWANCE WILL BE GRANTED FOR ANY REPAIRS OR ALTERATIONS MADE BY PURCHASER OR OTHERS WITHOUT SELLER’S PRIOR WRITTEN CONSENT. IF SUCH NOTICE IS TIMELY GIVEN, SELLER WILL HAVE THE OPTION TO EITHER MODIFY THE PRODUCT OR COMPONENT PART THEREOF TO CORRECT THE DEFECT, REPLACE THE PRODUCT OR PART WITH COMPLYING PRODUCTS OR PARTS, OR REFUND THE AMOUNT PAID FOR THE DEFECTIVE PRODUCT, ANY ONE OF WHICH WILL CONSTITUTE THE SOLE LIABILITY OF SELLER AND FULL SETTLEMENT OF ALL CLAIMS. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY OBLIGATION GREATER THAN THE ORIGINAL PURCHASE PRICE OF THE PRODUCT UNDER THIS WARRANTY. PURCHASER SHALL AFFORD SELLER PROMPT AND REASONABLE OPPORTUNITY TO INSPECT THE PRODUCT FOR WHICH A CLAIM IS MADE. THE SOLE PURPOSE OF THE FOREGOING STIPULATED EXCLUSIVE REMEDY SHALL BE TO REPAIR OR REPLACE DEFECTIVE PRODUCTS OR COMPONENTS THEREOF OR TO REFUND PURCHASER THE PURCHASE PRICE THEREOF. THIS STIPULATED EXCLUSIVE REMEDY SHALL NOT BE DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE SO LONG AS SELLER IS WILLING AND ABLE TO REPAIR OR REPLACE THE DEFECTIVE PARTS OR REFUND THE PURCHASE PRICE IN ACCORDANCE WITH THE TERMS HEREOF. PRODUCTS THAT HAVE BEEN REPAIRED OR REPLACED UNDER THIS WARRANTY DO NOT RECEIVE A NEW WARRANTY AND ARE ONLY COVERED BY THE REMAINING PORTION OF THE ORIGINAL WARRANTY.
Limitation of Remedies. The foregoing stipulated exclusive remedy is in lieu of all other remedies for breach of contract, warranty, and/or tort or otherwise. Seller shall not be liable, either directly or indirectly, for any consequential, incidental or special losses or damages of Purchaser, including but not limited to the Purchaser’s expenses for downtime or for making up downtime, damages for which the Purchaser may be liable to other persons and/or entities, damages to property, and injury to or death of any persons and/or any claims for incidental or consequential damages, including but not limited to loss of profits, regardless of whether Seller has been informed of the possibility of such damages. Seller neither assumes, nor authorizes any person to assume for it, any other liability in connection with the sale or use of any Products covered by the foregoing Warranty and Disclaimers, and there are no oral agreements relating to remedies which are collateral to or which affect this limitation.