Part 9 – Warranty (unless otherwise specified in the Quotation)
A. The SELLER warrants that all material and services supplied are free of defects in material and workmanship, and are in compliance with the applicable specifications and design standards contained in the offer.
B. The SELLER will repair or replace equipment, material, or components
that fail to operate in the manner in which intended for a period of twelve months after delivery, with the exception of items that require replacement due to normal wear and tear (such as flags, consumable parts, etc.).
C. This warranty does not cover repair or replacement of components / material / equipment if the buyer has allowed operation in an unapproved manner, or has modified the equipment or components without authorization.
D. The SELLER’s liability arising out of or related to this agreement, including without limitation liability for negligence, will not exceed the value of this order. In no event will either party be liable to the other for any consequential, indirect, special, incidental or punitive damages, regardless of the form of action, whether in an agreement, tort, strict product liability or otherwise, even if advised of the possibility of such damages and even if the damages were foreseeable. The limitations in this section do not apply to: (a) claims arising out of a breach of warranty; (b) any infringements of third-party intellectual property; (c) negligence or (d) any claims for attorney's fees and other litigation costs either party becomes entitled to recover.