Seller warrants the products furnished here under to be free from defects in material and workmanship under normal use, service and maintenance for a period of thirty (30) days after the date of shipment of the product by the Seller. Seller’s sole obligation under this warranty shall be to repair or replace any defective product or part thereof, which is returned to the Seller’s factory transportation prepaid within the period mentioned above, and which upon examination is proven to Seller’s satisfaction to be so defective. Notice for any claim of breach of warranty shall be given to the Seller within fifteen (15) days after inspection of the product. The warranty shall not apply to any product or part which has been subject to misuse, negligence, accident in shipping or handling, improper maintenance, use beyond the product’s rated capacity or in any otherwise improper manner, or which have been modified or altered by anyone other than the Seller. SELLER MAKES NO WARRANTY THAT ITS PRODUCTS ARE FIT FOR THE USE OR PURPOSE TO WHICH THEY MAY BE PUT BY THE BUYER WHETHER OR NOT SUCH USE OR PURPOSE HAS BEEN DISCLOSED TO THE SELLER IN SPECIFICATIONS OR DRAWINGS PREVIOUSLY OR SUBSEQUENTLY PROVIDED TO SELLER AND WHETHER OR NOT SELLER’S PRODUCTS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY SELLER FOR BUYER’S USE OR PURPOSE, SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES RISING OUT OF OR RELATED TO THE SALE OR USE OF ANY PRODUCT WHETHER BASED ON CONTRACT OR TORT. THIS WARRANTY AS SET FORTH IS IN LIEU OF ALL OTHER WARRANTIES. EITHER EXPRESSED OR IMPLIED INCLUDING THE IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS FOR PURPOSE.
