The limited warranty period depends on the particular product purchased. A copy of a limited warranty is available upon request. The limited warranty period commences on the date of shipment of the Equipment by Seller from Seller's warehouse, unless a different date is specified in the product-specific limited warranty. The limited warranty runs only to the original Buyer of the Equipment and only if it is used for its intended purpose under normal operating conditions. If the Equipment proves to be defective in material or workmanship during the limited warranty period, as determined by an inspection authorized by Seller, defective parts will be repaired or replaced at Seller's option. Such repair or replacement, however, shall not extend the limited warranty period. Seller's obligation hereunder is subject to its receipt within the limited warranty period of written notice from Buyer of all defects within thirty (30) days after such alleged defects become reasonably apparent to Buyer.
THE ABOVE LIMITED WARRANTY EXTENDS TO THE ORIGINAL BUYER ONLY. SELLER DOES NOT GIVE ANY PERFORMANCE GUARANTEES WITH RESPECT TO EQUIPMENT.
Seller shall not be obligated to replace the Equipment or any parts thereof with equipment or parts of later or improved design or construction. Seller shall have no obligation to repair or replace expendable parts, or Equipment or parts damaged by misuse or failure of Buyer to observe proper maintenance, lubricating or operating procedures. This limited warranty shall not apply to damage to certain fragile components such as glass parts and accessories, thermometers and bulbs. In the case of components or units purchased by Seller from other suppliers, the obligation of Seller hereunder shall be limited to give the original Buyer the benefit of any warranty Seller may receive from the supplier of such components or units.
SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, IN CONNECTION WITH THE DESIGN, SALE, MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR PARTICULAR PURPOSE OR USE EXCEPT AS HEREIN EXPRESSLY SET FORTH. SELLER SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR WARRANTIES, ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS, INCLUDING NEGLIGENCE AND STRICT LIABILITY, OR ARISING UNDER ANY OTHER THEORIES OF LAW.
SELLER SHALL NOT BE LIABLE FOR ANY SPECIFIC, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS, DAMAGES, EXPENSE OR INJURY OF ANY KIND WHATSOEVER.
Any improper use of the Equipment, whether intentional or unintentional, operation beyond capacity or any stated limitations, failure to report to Seller within the limited warranty period, substitution of parts not approved by Seller, failure or damage due to misapplication, lack of proper maintenance, abuse, improper installation, or abnormal conditions of temperature, moisture, or corrosive matter, or alteration or repair by others in such manner which in Seller's sole judgment affects the Equipment materially and adversely, shall void this limited warranty.