Pappas Products, Inc. warrants, to its initial purchaser only, that its products which are delivered to this initial purchaser will be of the kind described in the order or price list and will be free of defects in workmanship or material for a period of one year from the date of delivery to you, our initial purchaser.
Should any failure to confirm to this warranty appear within one year after the date of the initial delivery to our initial purchaser, Pappas Products, Inc. will, upon written notification thereof and substantiation that the goods have been stored, installed, maintained and operated in accordance with Pappas Products, Inc. recommendations and standard industry practice, correct such defects by suitable repair or replacement at Pappas Products, Inc. own expense.
THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESSED OR IMPLIED, EXCEPT THE WARRANTY OF TITLE AND AGAINST PATENT INFRINGEMENT.
Correction of non-conformities, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of Pappas Products, Inc. to our initial purchaser, with respect to the goods, whether based on contract, negligence, strict tort or otherwise. It is the intention of Pappas Products, Inc. that no warranty of any kind, whether expressed or implied shall pass through our initial purchaser to any other person or corporation.
LIMITATION OF LIABILITY: PAPPAS PRODUCTS, INC. SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, DAMAGE OR LOSS OF OTHER PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF PURCHASED OR REPLACED GOODS, OR CLAIMS OF CUSTOMER OF OUR INITAL PURCHASER. THE REMEDIES OF OUR INITIAL PURCHASER, AND ALL OTHERS, SET FORTH HEREIN, ARE EXCLUSIVE, AND THE LIABILITY OF PAPPAS PRODUCTS, INC. WITH RESPECT TO SAME SHALL NOT, EXCEPT AS EXPRESSLY PROVIDED HERIEN, EXCEED THE PRICE OF THE PAPPAS PRODCUTS, INC. GOODS UPON WHICH SUCH LIABILTY IS BASED. |
