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WARRANTIES. The Seller warrants all equipment manufactured by it to be free from
defects in parts and labor for a period of one year from the date of shipment from factory.
The liability of the Seller applies solely to repairing, replacing, or issuing credit (at the
Seller’s sole discretion) for any equipment manufactured by the Seller and returned by the
Buyer during the warranty period. SELLER MAKES NO SEPARATE OR OTHER WARRANTY
OF ANY NATURE WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF
MERCHANTABILITY OR FOR A PARTICULAR PURPOSE. There shall be no other obligations
either expressed or implied.
LIMITATION OF LIABILITY. Seller will not be liable to the Buyer or any other person or entity
for indirect special, incidental, consequential, punitive, or exemplary damages in connection
with this transaction or any acts or omissions associated therewith or relating to the sale
or use of any goods, whether such claim is based on breach of warranty, contract, tort, or
other legal theory and regardless of the causes of such loss or damages or whether any other
remedy provided herein fails. In no event will the Seller’s total liability under this contract
exceed an amount equal to the total amount paid for the goods purchased hereunder.
WAIVER. In the event of any default under or breach of the contract by the Buyer, the Seller
has the right to refuse to make further shipments. The Seller’s failure to enforce at any time
or for any period of time the provisions of this contract will not constitute a waiver of such
provisions or the right of the Seller to enforce each and every provision.
GOVERNING LAW. The validity, construction, and performance of the contract and the
transactions to which it relates will be governed by the laws of the United States of America.
All actions, claims, or legal proceedings in any way pertaining to this contract will be
commenced and maintained in the courts of Whitman County, State of Washington, and the
parties hereto each agree to submit themselves to the jurisdiction of such court.
SEVERABILITY. If any of the Terms and Conditions set out in this contact are declared
to be invalid by a court, agency, commission, or other entity having jurisdiction over the
interpretation and enforcement of this contract, the applications of such provisions to
parties or circumstances other than those as to which it is held invalid or unenforceable
will not be affected. Each term not so declared invalid or unenforceable will be valid and
enforced to the fullest extent permitted by law and the rights and obligations of the parties
will be construed and enforced as though a valid commercially reasonable term consistent
with the undertaking of the parties under the order has been substituted in place of the
invalid provision.
SET-OFF. The Buyer may not set-off any amount owing from the Seller to the Buyer against
any amount payable by the Buyer to the Seller whether or not related to this contract.
