6
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.
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