29
14.0 Warranty and Service
Inspection & Acceptance.
Buyer shall inspect all Goods within ten (10) days after receipt thereof. Buyer’s payment
shall constitute final acceptance of the Goods and shall act as a waiver of the Buyer’s rights to inspect or reject the
goods unless otherwise agreed. If Buyer rejects any merchandise, Buyer must first obtain a Returned Goods
Authorization (“RGA”) number before returning any goods to Seller. Goods returned without a
n RGA will be refused.
Seller will not be responsible for any freight costs, damages to goods, or any other costs or liabilities pertaining to
goods returned without a RGA. Seller shall have the right to substitute a conforming tender. Buyer will be responsible
for all freight costs to and from Buyer and repackaging costs, if any, if Buyer refuses to accept shipment. If Goods
are returned in unsalable condition, Buyer shall be responsible for full value of the Goods. Buyer may not return any
special-order Goods. Any Goods returned hereunder shall be subject to a restocking fee equal to 30% of the invoice
price.
Specifications.
Seller may, at its option, make changes in the designs, specifications or components of the Goods
to improve the safety of such Goods, or if in Seller’s judgment, such changes will be beneficial to their operation or
use. Buyer may not make any changes in the specifications for the Goods unless Seller approves of such changes
in writing, in which event Seller may impose additional charges to implement such changes.
Limited Warranty.
Seller warrants to the original end-user that the Goods manufactured or provided by Seller under
this Agreement shall be free of defects in material or workmanship for a period of twelve (12) months from the date
of purchase, provided that the Goods are installed, used, and maintained in accordance with any instruction manual
or technical guidelines provided by the Seller or supplied with the Goods, if applicable. The original end-user must
give written notice to Seller of any suspected defect in the Goods prior to the expiration of the warranty period. The
original end-user must also obtain a RGA from Seller prior to returning any Goods to Seller for warranty service under
this paragraph. Seller will not accept any responsibility for Goods returned without a RGA. The original end-user shall
be responsible for all costs and expenses associated with returning the Goods to Seller for warranty service. In the
event of a defect, Seller, at its sole option, shall repair or replace the defective Goods or refund to the original end-
user the purchase price for such defective Goods. Goods are not eligible for replacement or return after a period of
10 days fr
om date of receipt. The foregoing warranty is Seller’s sole obligation, and the original end
-
user’s exclusive
remedy, with regard to any defective Goods. This limited warranty does not apply to: (a) die sets, tooling, and saw
blades; (b) periodic or routine maintenance and setup, (c) repair or replacement of the Goods due to normal wear
and tear, (d) defects or damage to the Goods resulting from misuse, abuse, neglect, or accidents, (f) defects or
damage to the Goods resulting from improper or unauthorized alterations, modifications, or changes; and (f) any
Goods that has not been installed and/or maintained in accordance with the instruction manual or technical guidelines
provided by Seller.
EXCLUSION OF OTHER WARRANTIES.
THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED. ANY AND ALL OTHER EXPRESS, STATUTORY OR IMPLIED
WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. NO WARRANTY IS MADE WHICH EXTENDS
BEYOND THAT WHICH IS EXPRESSLY CONTAINED HEREIN.
Limitation of Liability.
IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY OTHER PARTY FOR ANY
INCIDENTIAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST
PROFITS OR DOWN TIME) ARISING FROM OR IN MANNER CONNECTED WITH THE GOODS, ANY BREACH
BY SELLER OR ITS AGENTS OF THIS AGREEMENT, OR ANY OTHER CAUSE WHATSOEVER, WHETHER
BASED ON CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY. BUYER’S REMEDY WITH RESPECT
TO ANY CLAIM ARISING UNDER THIS AGREEMENT IS STRICTLY LIMITED TO NO MORE THAN THE AMOUNT
PAID BY THE BUYER FOR THE GOODS.
Force Majeure.
Seller shall not be responsible for any delay in the delivery of, or failure to deliver, Goods due to
causes beyond Seller’s reason
able control including, without limitation, acts of God, acts of war or terrorism, enemy
actions, hostilities, strikes, labor difficulties, embargoes, non-delivery or late delivery of materials, parts and
equipment or transportation delays not caused by the fault of Seller, delays caused by civil authorities, governmental
regulations or orders, fire, lightening, natural disasters or any other cause beyond Seller
’s
reasonable control. In the
