All new and rebuilt equipment sold by Seller is warranted for a period of twelve (12) months (unless otherwise stated) from the date of shipment, to operate under normal load, usage conditions, and with proper supervision. This warranty does not apply to 'as is' products. Seller will provide to Buyer the remedies set forth in "Remedies for Defective, Nonconforming or Returned Goods". This limited warranty does not apply and Seller is not responsible in the event of (i) alteration, repair, replacements of the goods without Seller's written consent or (ii) improper or faulty storage, use, maintenance or installation of the goods. The limited warranty provided herein will be null and void if items are not paid for in accordance with the Agreement. Except for the express warranty set forth in this section, Seller makes no warranty whatsoever with respect to any products, including any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise. Seller makes no warranty concerning compatibility of the products with other equipment or the suitability or compliance of any product with any national or local code or regulation as interpretated by local authorities having jurisdiction over such matters.
Limitation of liability: In NO event shall Seller be liable for any consequential, indirect, incidental, special, exemplary, or punitive damages, lost profits or revenues or diminution in value, arising out of or relating to any breach of these terms, whether or not the possibility of such damages has been disclosed in advance by Buyer or could have been reasonably foreseen by Buyer, regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose. In no event shall Seller's aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the amount paid to Seller for the goods sold hereunder.
Product may not be returned unless authorized by Seller's customer service department with a Returned Goods Authorization (RGA) number. Returns must be made within 30 days of the date of the delivery to the Delivery Point, are subject to a 20% restocking charge, and are at Buyer's expense and risk of loss until received by Seller, FOB Delivery Point. Seller will have no responsibility for products returned without an RGA number, or which are not packaged to the carrier's insurance specifications. For properly returned goods, Seller will provide Buyer with the remedies set forth in "Remedies for Defective, Nonconforming or Returned Goods". Due to the rapid changes in, and varied interpretation of, the national and local electrical codes, the Buyer assumes all responsibilities for the suitability of application and acceptance by the local authority having jurisdiction over such matters. Seller will not accept the return of any product due to such product's non-compliance with any national or local code or regulation based on a local authority's interpretation of such code.