The limited warranty covers defects in material or workmanship in all of the Ergosource Products for the stated warranty period from the date of delivery. Ergosource will repair or replace any Product, which proves to be defective in materials or workmanship during the limited warranty period. This limited warranty does not apply to any damage caused by a carrier, nor to any alterations of the Product not expressly authorized by Ergosource and in conformity with applicable Product specifications and use limitations.
This limited warranty does not extend to any Products which have been damaged as a result of accident, misuse, abuse, normal wear and tear, acts of God or other contingencies beyond Ergosource's control, or as the result of service or modification by anyone other than Ergosource.
EXCEPT AS STATED ABOVE, ERGOSOURCE MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO ANY PRODUCT, AND, IN PARTICULAR, MAKES NO WARRANTY OF MERCHANTABILITY OF FITNESS FOR ANY PARTICULAR PURPOSE.
The remedies of the Purchaser set forth herein are exclusive, and the total liability of Ergosource with respect to the Products furnished, whether based on contract, warranty, negligence, indemnity, strict liability or otherwise, shall not exceed the purchase price for the Products upon which such liability is based.
ERGOSOURCE SHALL IN NO EVENT BE LIABLE TO PURCHASER FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF ANY BREACH OF THE LIMITED WARRANTY OR ANY DEFECT IN, FAILURE OF, OR MALFUNCTION OF THE PRODUCTS FURNISHED HEREUNDER, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE. Ergosource shall not be liable for consequential, incidental, indirect, special or punitive damages even if the limited remedy afforded herein fails of its essential purpose; the express intent of the parties being that the risk of all such loss or damage shall be borne the Purchaser and/or Purchaser's insurer.
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