CENTRON WARRANTY
LIMITED
WARRANTY: Seller warrants the goods delivered hereunder
to be free from defects in material and workmanship
for a period of one (1) year from the date of Seller’s
shipment. Seller’s sole obligation and Buyer’s
exclusive remedy for defects in the goods shall
be limited, at Seller’s option, to either
repair or replacement of goods determined to be
defective. Repair or replacement of defective goods
shall be FOB Seller’s factory. Any claim by
Buyer must be made by Buyer to Seller in writing
within five (5) days of the discovery of the claimed
defect but in no event after the expiration of one
(1) year from the date of the Seller’s shipment,
whichever is less. Buyer’s failure to so notify
Seller of such defects within the above time periods
shall bar Buyer from any remedy under this warranty,
or for any recovery of damages or losses due to
defects in the products. If any of the goods delivered
hereunder have or have components with a shelf life
less the one (1) year, then the warranty period
stated herein shall not exceed the shelf life for
such goods.
THIS WARRANTY IS THE
SOLE WARRANTY COVERING THE PRODUCTS AND SELLER MAKES
NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS,
IMPLIED OR STATUTORY, AND ALL IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPSOE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED
FROM THIS WARRANTY. IN NO EVENT SHALL SELLER BE
LIABLE FOR CONSEQUENTIAL, COMPENSATORY, PUNITIVE
OR INCIDENTAL DAMAGES HOWSOEVER ARISING FROM SELLER’S
PERFORMANCE OF THIS CONTRACT OR THE PERFORMANCE
OF THE GOODS.
This warranty
shall not apply to goods or products which have
been repaired or altered by other than authorized
representatives of Seller or to damage or defects
caused by accident, vandalism, Acts of God, erosion,
normal wear and tear, improper selection by Buyer
or others, and other causes beyond Seller’s
control. This warranty shall not apply to the misapplication,
improper installation, or misuse of the goods caused
by variations in the environment, the inappropriate
extrapolation of data provided, the failure of Buyer
or others to adhere to pertinent specifications
or industry practices, or otherwise.