Mallory Sonalert Inc. Warranty Statement
The seller warrants the goods to be supplied hereunder will conform to the pertinent specifications, drawings and approved samples, if furnished, and that such goods will be of good materials and workmanship and free of defects if properly installed and used as sold by Seller. If within one-year period from the date of shipment to Purchaser such goods, not having been subject to misuse, alteration, modification, neglect. Improper installation or unauthorized repairs not exposed to an abnormal environment, are shown not to be in conformity or are shown to be defective in workmanship or materials, Seller’s sole and exclusive obligation under this warranty is to repair or replace such goods, provided return is made prepaid to Seller or its designated representative with the following tagged information: (i) date of shipment of such goods to Purchaser; (ii) date such goods are determined to be non-conforming or defective; and (iii) specifying the apparent non-conformity or defect. No claim will be allowed under this warranty unless Purchaser notifies Seller of such claim within 30 days after Purchaser learns of facts giving rise to such claim. Purchaser’s failure to test, inspect and make claim within such one-year period shall be conclusive evidence that the goods shipped were satisfactory in all respects. The liability of Seller under the forgoing warranty shall not exceed the price charged by Seller for the goods which give rise to the Purchaser’s claim. THE AFORESAID WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE), EXCEPT OF TITLE. SELLER ASSUMES NO LIABILITY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES OF ANY TYPE (INCLUDING, BUT NOT LIMITED TO, DAMAGES RELATED TO LOST SALES AND PROFITS, EXCESSIVE OR INCREASED COSTS AND EXPENSES, FIELD RECALL AND RETROFIT, COSTS AND EXPENSES , DOWNTIME COSTS AND CLAIMS OF CUSTOMERS OR PURCHASER FOR SUCH DAMAGES) RESULTING FROM NON-CONFORMING OR DEFECTIVE CONDITION OF ANY GOODS SOLD BY SELLER TO PURCHASER HEREUNDER, AND PURCHASER ASSUMES ALL LIABILITY FOR ALL CONSEQUENCES ARISING OUT OF ITS USE OR SALES OF SUCH GOODS. THE AFORESAID REMEDY OF PURCHASER IS EXCLUSIVE AND THIS LIMITATION OF LIABILITY PROVISION SHALL APPLY TO ANY AND ALL CLAIMS OR SUITS BASED UPON NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY UPON WHICH LIABILITY MAY BE ASSERTED AGAINST SELLER BY PURCHASER OF OTHERS.