| 1.1 |
Peterboro hereby warrants that the products supplied or delivered by it shall be free from defects in material and workmanship. This warranty shall not apply to defects or damage resulting from (i) misuse of the products, (ii) use of the products in other than their normal and customary manner, (iii) accident or neglect, (iv) improper testing, operation, maintenance, service, repair, installation, or storage, (v) unauthorized alteration or modification. |
| 1.2 |
Peterboro shall promptly replace any defective product which is covered under this warranty, whether such product is owned at the time of the defect by Distributor or any other party. Peterboro’s sole liability and customer’s exclusive remedy in the event of a breach of any warranty hereunder shall be to replace or repair non-conforming products with conforming products at no charge to customer. In no event shall the liability to Peterboro exceed the purchase price paid for the product by the customer. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY SHALL HAVE BEEN ADVISED IN ADVANCE OF THE LIKELIHOOD THEREOF |
| 1.3 |
Peterboro makes no warranties, guarantees or representations, express or implied, with respect to the products except as set forth herein, which are in lieu of all other warranties, express or implied, and customer or end user, hereby expressly waives any other warranties, guarantees, conditions or representations, statutory or otherwise, including, but not limited to, any warranty or condition of merchantability or fitness for a particular purpose. |
