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The warranty provision with respect to each such product may be
amended by AIMCO from time to time in its sole discretion. The liability
of AIMCO hereunder shall be limited to replacing or repairing, at its
option, any products which are returned freight prepaid to AIMCO
and which AIMCO determines to be defective as described above or,
at AIMCO’s option, refunding the purchase price of such products.
AIMCO reserves the right to make periodic changes in construction or
tool design at any time. AIMCO specifically reserves the right to make
these changes without incurring any obligation or incorporating such
changes or updates in tools or parts previously distributed.
THE AIMCO WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESSED OR IMPLIED, AND AIMCO EXPRESSLY DISCLAIMS ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THIS WARRANTY SETS FORTH THE SOLE AND EXCLUSIVE
REMEDY IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
THIS WARRANTY IS THE ONLY WARRANTY MADE BY AIMCO WITH RESPECT
TO THE GOODS DELIVERED HEREUNDER, AND MAY BE MODIFIED
OR AMENDED ONLY BY A WRITTEN INSTRUMENT SIGNED BY A DULY
AUTHORIZED OFFICER OF AIMCO.
LIMITATION OF LIABILITY
AIMCO’S LIABILITY PURSUANT TO WARRANTY OF THE PRODUCTS
COVERED HEREUNDER IS LIMITED TO REFUND OF THE PURCHASE PRICE.
IN NO EVENT SHALL AIMCO BE LIABLE FOR COSTS OF PROCUREMENT
OF SUBSTITUTE GOODS BY THE BUYER. IN NO EVENT SHALL AIMCO BE
LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER
DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFIT)
WHETHER OR NOT AIMCO HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSS, HOWEVER CAUSED, WHETHER FOR BREACH OR
REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE
OR OTHERWISE. THIS EXCLUSION ALSO INCLUDES ANY LIABILITY WHICH
MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST BUYER. THE ESSENTIAL
PURPOSE OF THIS PROVISION IS TO LIMIT THE POTENTIAL LIABILITY OF
AIMCO ARISING OUT OF THIS AGREEMENT AND/OR SALE.
Note: The AIMCO Warranty confers specific legal rights, however
some states or jurisdictions may not allow certain exclusions or
limitations within this warranty.
* All warranty periods addressed herein are determined using a
standard shift, eight-hour work day.
