EFFECTIVE June 08, 2009
Any term or condition of Buyer’s order which is in any way additional to or different from these terms and conditions (except additional provisions specifying quantity and shipping or billing instructions) are specifically objected to and shall not be applicable hereto or binding upon Seller. Any specific objection by Buyer to the terms stated herein must be communicated to Seller in writing prior to Seller’s approval of a purchase order. Buyer’s retention of any goods shall be deemed acceptance of these terms and conditions herein.
Seller, except as otherwise hereinafter provided, warrants goods of its own manufacture against faulty workmanship or the use of defective materials, under normal use and service, and that such goods will conform to mutually agree upon written specifications, drawings, and other descriptions for a period of one year after the date of shipment. Seller warrants that at the time of delivery, Seller has title to the goods free and clear of any and all liens and encumbrances. This warranty is the only warranty made by Seller and can be amended only by a written instrument signed by an officer of Seller.
Buyer’s exclusive remedy for breaches of warranty shall be manufacturer’s obligation to repair or replace any defective part at the point of manufacture, with buyer assuming all costs of mailing, transportation and installation, and further provided that immediate written notice of the defect has been given to Seller. Except as otherwise provided in this paragraph, in no event shall Seller be liable for any indirect, special, incidental or consequential damages (where denominated in contract, tort, strict liability in tort, negligence or other theories), or for loss of use, lost profits or revenue, interest, lost goodwill, work stoppage, impairment of other goods, increased expenses of operations, or the cost of purchasing replacement services or goods, which otherwise might be recoverable by Buyer pursuant to this Agreement or because of the use of goods provided under this Agreement. In no event shall Seller’s total liability exceed face amount of this Agreement.
Buyer hereby warrants and represents that Buyer has knowledge and experience in financial and business matters that enable Buyer to evaluate the merits and risks of a transaction and Buyer is not in a significantly disparate bargaining position and Buyer hereby waives the provisions of the Texas Deceptive Trade Practices-Consumer Protection Act and any like or successor statute in Texas or other states in the U.S.A. or provinces in Canada.