that any Purchaser has independently determined the suitability of the Products and Purchaser's purposes. The Company warrants the products to be free
from defects in material and workmanship. Should any failure to conform to this warranty appear within one year of delivery (but not afterwards), upon
notification thereof within seven (7) days of such appearance and substantiation that the Products have been stored and applied in accordance with the
Company standards, the Company shall within a reasonable period correct such defects by providing a suitable replacement without charge at the Company's
plant or at the location of the Products (at the Company's election) provided however, if the Company in its sole discretion determines that replacement is not
commercially practical, the Company may issue a credit in favour of the Purchaser in an amount not to exceed the purchase price actually paid for the
Products. Any implied warranty of merchantability fitness for particular purpose or other warranty of quality, whether express or implied by law, is hereby
excluded to the extend permitted by law. In no event shall the Company be liable for any incidental, indirect or consequential damages including, but not
limited to, loss of profit, loss of use or loss of capital. The remedies of the Purchaser set forth herein are exclusive, and the total potential liability of the
Company arising out of any contract of or from the manufacture, sale, delivery, resale, installation or use of any products shall not exceed the purchase price
of the products upon which liability is based.
that any Purchaser has independently determined the suitability of the Products and Purchaser's purposes. The Company warrants the products to be freefrom defects in material and workmanship. Should any failure to conform to this warranty appear within one year of delivery (but not afterwards), uponnotification thereof within seven (7) days of such appearance and substantiation that the Products have been stored and applied in accordance with theCompany standards, the Company shall within a reasonable period correct such defects by providing a suitable replacement without charge at the Company'splant or at the location of the Products (at the Company's election) provided however, if the Company in its sole discretion determines that replacement is notcommercially practical, the Company may issue a credit in favour of the Purchaser in an amount not to exceed the purchase price actually paid for theProducts. Any implied warranty of merchantability fitness for particular purpose or other warranty of quality, whether express or implied by law, is herebyexcluded to the extend permitted by law. In no event shall the Company be liable for any incidental, indirect or consequential damages including, but notlimited to, loss of profit, loss of use or loss of capital. The remedies of the Purchaser set forth herein are exclusive, and the total potential liability of theCompany arising out of any contract of or from the manufacture, sale, delivery, resale, installation or use of any products shall not exceed the purchase priceof the products upon which liability is based.
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