Terms & Conditions

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Terms & Conditions

SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT, WHETHER USED SINGLY OR IN COMBINATION WITH OTHER SUBSTANCES OR IN ANY PROCESS, EXCEPT THAT THE PRODUCT SHALL CONFORM TO THOSE SPECIFICATIONS WHICH ARE ACCEPTED IN WRITING ON QUOTATION AND THEREBY EXPRESSLY MADE PART OF THIS CONTRACT. THERE ARE NO OTHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES. SELLER HEREBY DISCLAIMS THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

DEFECTIVE OR NONCONFORMING PRODUCT SHALL BE RETURNED TO SELLER AND, IF THE SELLER DETERMINES THAT THE PRODUCT IS DEFECTIVE OR NONCONFORMING, SELLER SHALL, AT ITS OPTION, EITHER REPLACE THE PRODUCT WITHOUT ADDITIONAL CHARGE, OR REFUND THE PURCHASE PRICE.

NOTWITHSTANDING THE ABOVE AND REGARDLESS OF THE CIRCUMSTANCES, SELLER’S TOTAL LIABILITY TO BUYER FOR ANY ADDITIONAL AND ALL CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY CAUSE WHATSOEVER, WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY, BREACH OR WARRANTY OR OTHERWISE, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT FROM WHICH SUCH CAUSE AROSE. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES.

ANY CAUSE OF ACTION THAT BUYER MAY HAVE AGAINST SELLER MUST BE COMMENCED WITHIN 60 DAYS AFTER THE BUYER’S RECEIPT OF THE AFFECTED PRODUCT.

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