1. WARRANTY AND DISCLAIMERS: Unless another period is specified in writing by Seller in connection with any order, Sellerwarrants that the product(s) furnished under this order is free from mechanical defects or faulty workmanship for a period of one (1) year from firstuse or eighteen (18) months from date of shipment, whichever occurs first, provided it is maintained and used in accordance with Seller’sinstructions and/or recommendations. This warranty does not apply to expendable or consumable parts whose normal life expectancy is less thanone (1) year such as, but not limited to, non-rechargeable batteries, filament units, instrument filters, lamps, fuses, helmet suspensions, limited-useclothing, gloves, etc. or to products whose life is controlled by government regulations such as cylinders. Replacement parts and repairs are warranted for ninety (90) days from the date of repair of the product or sale of the replacement part, whichever occurs first. Seller shall be released from all obligations under this warranty in the event repairs ormodifications are made by persons other than its own or authorized service personnel or ifthe warranty claim results from misuse of the product.No agent, employee or representative of Seller may bind Seller to any affirmation, representation of modification of the warranty concerning thegoods sold under this order. Seller makes no warranty concerning components or accessories not manufactured by Seller, but will pass on toBuyer all available warranties of manufacturers of such components. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,EXPRESS, IMPLIED OR STATUTORY, AND IS STRICTLY LIMITEDTO THE TERMS HEREOF. SELLER SPECIFICALLYDISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
2. It is expressly agreed that Buyer’s sole and exclusive remedy for breach of the above warranty, for any tortious conduct of Seller, or forany other cause of action, shall be the repair and/or replacement, at Seller’s option, of any equipment or parts thereof, which after examination bySeller, is proven to be defective. Replacement equipment and/or parts will be provided at no cost to Buyer, F.O.B. Seller’s Plant. Failure of Sellerto effectively repair any non-conforming product shall not cause the remedy established hereby to fail of its essential purpose.
3. EXCLUSION OF CONSEQUENTIAL DAMAGES: BUYER SPECIFICALLY UNDERSTANDS AND AGREES THAT UNDER NOCIRCUMSTANCES WILL SELLER BE LIABLE TO BUYER FOR ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIALDAMAGES OR LOSSES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS,AND ANY OTHER LOSS CAUSED BY REASON OF THE NONOPERATION OF THE GOODS OR OTHERWISE ARISING UNDER THISORDER. THIS EXCLUSION IS APPLICABLE TO CLAIMS FOR BREACH OF WARRANTY, TORTIOUS CONDUCT OR ANY OTHERCAUSE OF ACTION.
4. DISCLAIMER OF TORT LIABILITY: BUYER SPECIFICALLY UNDERSTANDSAND AGREES THAT SELLER AND ITSOFFICERS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE IN TORT -WHETHER BASED ON NEGLIGENCE, STRICTLIABILITY OR ANY OTHER THEORY OF TORT LIABILITY -FOR ANY ACTION OR FAILURE TO ACT IN RESPECT TO THEMANUFACTURER, PREPRARATION FOR SALE, SALE, DELIVERY OR SERVICING OF THE PRODUCT. IT IS THE PARTIES INTENTTO ABSOLVE AND PROTECT SELLER AND SELLER’S OFFICERS, AGENTSAND EMPLOYEES FROM ANY AND ALL TORTLIABILITY.