WARRANTY
Bacharach, Inc. warrants to Buyer that at the time of delivery
this Product will be free from defects in material and manufac-
ture and will conform substantially to Bacharach Inc.’s ap-
plicable specifications. Bacharach’s liability and Buyer’s remedy
under this warranty are limited to the repair or replacement, at
Bacharach’s option, of this Product or parts thereof returned to
Seller at the factory of manufacture and shown to Bacharach
Inc.’s reasonable satisfaction to have been defective; provided
that written notice of the defect shall have been given by Buyer
to Bacharach Inc. within one (1) year after the date of delivery of
this Product by Bacharach, Inc.
Bacharach, Inc. warrants to Buyer that it will convey good title
to this Product. Bacharach’s liability and Buyer’s remedy under
this warranty of title are limited to the removal of any title
defects or, at the election of Bacharach, to the replacement of this
Product or parts thereof that are defective in title.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND
ARE GIVEN AND ACCEPTED IN LIEU OF (I) ANY AND ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE: AND (II) ANY OBLIGATION, LIABILITY, RIGHT,
CLAIM OR REMEDY IN CONTRACT OR TORT, WHETHER
OR NOT ARISING FROM BACHARACH’S NEGLIGENCE,
ACTUAL OR IMPLIED. The remedies of the Buyer shall be
limited to those provided herein to the exclusion of any and all
other remedies including, without limitation incidental or
consequential damages. No agreement varying or extending the
foregoing warranties, remedies or this limitation will be binding
upon Bacharach, Inc. unless in writing, signed by a duly
authorized officer of Bacharach.
Copyright © 1994 by Bacharach, Inc.
A
