Warranty & Returns
1. Seller warrants to buyer that the products at the time of shipment will be commercially free from defects in material and workmanship and will be materially in accordance with specifications specifically agreed to by the parties hereto. Seller passes on and assigns to Buyer the length of the warranty period will be the length established by the manufacturer of the products and, if no length is specified by the manufacturer, shall in no event extend beyond time period stated on web page. Buyer understands that all returned items are subject to a 20% restocking fee and all refunds do not include shipping costs to the buyer as well as shipping costs for the items returned to seller. This warranty shall not apply to goods that have been subjected to misuse or abuse, neglect, accident, damage, or improper installation or maintenance. Buyer will inspect the goods upon delivery and will promptly notify Seller of any defect in the products. Seller's sole obligation under these warranties will be limited to either, at Seller's option and expense, repairing or furnishing a replacement. All claims for shortages shall be made to Seller within ten (10) days from date material is received by Buyer: otherwise such claims shall be irrevocably waived. No agent, employee, or representative of the Seller has any authority to bind Seller to any representation, affirmation or warranty concerning the products and any such representation, affirmation or warranty shall not be deemed to have become a part of the basis of this sales contract and shall be unenforceable. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE AND OF ANY OTHER TYPE, WHETHER EXPRESSED OR IMPLIED.
2. IN NO EVENT SHALL SELLER BE LIABLE FOR CONSEQUENTIAL DAMAGES, nor shall Seller's liability on any claims for damages arising out of or connected with the sales contract or the manufacturer, sale, delivery or use of the products exceed the purchase price of the products. Seller shall not be liable for any failure to perform its obligations, under the sales contract resulting directly or indirectly from or contributed to by acts of God; act of Buyer, acts of Civil or Military authority; priorities; fires; strikes or other labor disputes; accidents; floods; epidemics; war, riot; delays in transportation; lack of or inability to obtain raw materials, components, labor, fuel or supplies' or other circumstances beyond Seller's reasonable control, whether similar or dissimilar to the foregoing.
3. Any tax or other governmental charge upon the production, sale, shipment or use of the products which Seller is required to pay or collect from Buyer shall be paid by Buyer to Seller, unless Buyer furnishes Seller with exemption certificates acceptable by the taxing authorities. Such amount shall be due whether or not included on the invoice.
4. Shipping date is estimated on the basis of immediate receipt by Seller of Buyer's order and all information, drawings and approvals to be furnished by Buyer, and the absence of delays, direct or indirect, resulting from or contributed to by circumstances beyond Seller's reasonable control. Seller will in good faith endeavor to ship by estimated shipping date. Seller shall have the right to make partial shipments. All changes in specifications or estimated shipping date will be by mutual agreement of Seller and Buyer and where such changes affect Seller's time or cost of performance, and equitable adjustment in estimated shipping date or purchase price, or both, will be made.
5. Seller will hold Buyer harmless against any rightful claim of any third person by way of infringement of any United States Letters Patent by the products which are of Seller's own manufacturer, but, if Buyer furnishes specifications to Seller, Buyer will hold Seller harmless against any such claims which arises out of compliance with the specification provided that the party seeking to be held harmless notifies the other party and gives it the right to defend. Except as in this paragraph provided, Seller makes no warranty that the equipment will be delivered free of the rightful claim of any third party by way of infringement or the like. Seller's obligation under this paragraph shall not apply to any infringement consisting of the use of the products as a part of goods manufactured by Buyer or others.