WARRANTY AND DISCLAIMERS:
Avire Inc. warrants its products to be free from defect in materials and workmanship under normal use and service for 24 months from date of purchase. Seller warrants that product supplied hereunder shall, at the time of delivery to Buyer, conform to the published specifications of Seller and to be free from defects in material and workmanship under normal use and service. Seller’s sole obligation and liability under this warranty is limited to the repair or replacement at its factory, at Seller’s option, of any such product which proves defective within two year after the date of original shipment from seller’s factory and is found to be defective in material or workmanship by Seller’s inspection. Except as specified in this section, Seller shall not be liable for any costs Buyer may encounter from lost field labor, timely penalty charges, or any other cost arising after delivery of product, regardless of cause.
Buyer agrees that (1) any technical advice, information, suggestions, or recommendations given to Buyer by Seller or any representative of Seller with respect to the product or the suitability or desirability of the product for any particular use or application are based solely on the general knowledge of Seller, are intended for information guidance only, and do not constitute any representation or warranty by Seller that the product shall in fact be suitable or desirable for any particular use or application; (2) Buyer takes sole responsibility for the use and applications to which the product is put and Buyer shall conduct all testing and analysis necessary to validate the use and application to which Buyer puts the product for which Buyer may recommend the use or application of the product by others; and (3) the characteristics, specifications, and/or properties of the product may be affected by the processing, treatment, handling, and/or manufacturing of the product by Buyer or others and Seller takes no responsibility for the nature or consequence of such operations or as to the suitability of the product for the purposes intended to be used by Buyers or others after being subjected to such operations.
SELLER MAKES NO OTHER WARRANTY EXPRESS OR IMPLIED, OF THE PRODUCT SUPPLIED HEREUNDER, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED. SELLER SHALL HAVE NO LIABILITY FOR LOSS OF PROFITS, OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES OR LEGAL THEORY, WHETHER BASED ON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, TORT, CONTRACT, OR OTHERWISE. SELLER SHALL IN NO EVENT BE LIABLE IN RESPECT OF THIS ORDER AND OR PRODUCT DELIVERED ON ACCOUNT OF THIS ORDER FOR ANY AMOUNT GREATER THAN THAT PAID TO SELLER ON ACCOUNT OF THIS ORDER.
PARTIAL TOOL CHARGES:
Charges for special tools, dies or fixtures required for production of the goods shall remain the property of the Seller.
Stenographic and clerical errors are subject to correction.
a) These Terms and Conditions of sales shall be governed by and interpreted in accordance with the substantive laws of the State of New York, U.S.A. Any action arising out of or related to this agreement must be commenced within one year from the date the right, claim, demand or cause of action shall first occur, or be barred forever.
b) If any provision or portion hereof is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions or portions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OR WARRANTIES OR EXCLUSION OF DAMAGES, IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE INFORCED AS SUCH.
If any portion hereof conflicts with the provisions of any other document, including any terms supplied by Buyer, these Terms and Conditions shall control.
Buyer expressly assumes all risk of patent infringement by reason of its use of product provided hereunder in combination with other material, or in operation of any process. All uses and applications made of the product are solely at Buyer’s risk and Buyer assumes all risk and liability resulting from use of the product delivered hereunder, whether used singly or in a combination with other products.