Procedure No. At 101 Original Issue Date: Sept. 19, 1989 STATEMENT OF WARRANTY AND LIABILITY Seller makes no express warranties of any kind with respect to acceptance and use of materials as referenced on invoice(s) and which are sold hereunder. The use of any sample or model during the negotiations leading to a sales agreement serves merely to indicate a type of goods to be tendered to the buyer. Such samples or models create no warranty that the goods will conform to the samples or models. Seller warrants the products sold are in accordance with Seller’s published specifications or those specifications agreed to by the seller in writing at the time of sale.
Seller’s obligations and liability under this warranty is expressly limited to repairing or replacing at the Seller’s option within three months from the date of delivery any product not meeting the specifications. These warranties are in lieu of all warranties, express, implied or statutory or arising by custom or trade usage, including any warranty of merchantability or fitness for any unique or special or express purpose, and of all other obligations or liabilities including without limitation, liability for damages (general or special, direct or indirect, consequential, incidental, exemplary) or for any claim for the loss of profits or business or damage to goodwill.
Seller neither assumes nor authorizes any person to assume for the seller any other liability in connection with the sale or use of the goods sold, and there are no oral agreements or warranties collateral to or affecting this agreement.