EXCLUSIVE WARRANTY; DISCLAIMER:
If any product manufactured by A.J. Manufacturing Co., Inc. (“AJ”) fails to work in accordance with the applicable product specifications due to defects in material or workmanship within one (1) year from the date AJ shipped the product to buyer, such product will be replaced or repaired at AJ’s sole option. Repair or replacement of the product determined by AJ to be defective will be provided F.O.B. point of manufacture (with buyer responsible for risk of loss during delivery). All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, buyer or third party negligence or misuse, including, without limitation, misapplication or use beyond capacity, improper installation, modification, repair, storage or handling on buyer or its agents’ behalf, or any other cause not the fault of AJ are not covered by this limited warranty, and shall be at buyer’s expense. Further, this warranty does not apply to products which have been altered or repaired by anyone except AJ.
This warranty does not include reimbursement for the expenses of installation, removal, handling, transportation or shipping costs, or any other expenses which may be incurred. For products or component parts or parts thereof sold to buyer by AJ, but manufactured by other third parties, the above warranty shall not apply; rather, AJ will extend to buyer the same warranty it receives from the third-party manufacturer, to the extent assignable to buyer, and/or as applicable, buyer will have the benefit of any warranties provided by the third-party manufacturer directly to buyer as the end user of the product or component part(s). The exclusive warranty remedies provided to buyer in this paragraph shall be contingent upon buyer’s payment in full to AJ all amounts due for said product. AJ reserves the right to make changes to the specifications and features of any products from time to time without notice to buyer and may discontinue any products at any time without notice or obligation. CHARGES ACCRUED AGAINST AJ’S ACCOUNT BY BUYER WITHOUT PRIOR APPROVAL OF AJ WILL NOT BE PAID BY AJ. If after notifying AJ of defect, buyer returns products to AJ for repair and AJ determines such repairs are not covered by the foregoing warranty, the buyer will be assessed AJ’s regular repair and reconditioning charges.
THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ANY OTHER WARRANTY AND AJ MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY OTHER KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‐INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY OTHER MATTER.
THE WARRANTIES CONTAINED HEREIN SET FORTH BUYER’S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A DEFECT IN WORKMANSHIP OR MATERIALS AND SHALL NOT BE DEEMED TO HAVE FAILED ITS ESSENTIAL PURPOSE SO LONG AS AJ IS WILLING AND ABLE TO CARRY OUT THE TERMS OF THIS EXCLUSIVE WARRANTY. ANY SERVICES PROVIDED BY AJ RELATED TO THE PRODUCT IS PROVIDED ON AN “AS-IS” BASIS WITHOUT ANY WARRANTY.
LIMITATION OF LIABILITY: All claims, causes of action or legal proceedings against AJ arising from AJ’s sale of the product to buyer hereunder or use of the product must be commenced by buyer within the express warranty period specified under the WARRANTY paragraph above, which period is one (1) year from the date of shipment of the product to buyer. Failure to commence any such claim, cause of action or legal proceeding within such period shall constitute a voluntary and knowing waiver thereof by buyer. IN NO EVENT SHALL AJ’S LIABILITY FOR ANY DAMAGES EXCEED THE PAYMENTS RECEIVED BY AJ FROM BUYER FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION, NOR SHALL AJ BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE LIMITATIONS ON DAMAGES IN THIS PARAGRAPH SHALL APPLY UNDER ALL THEORIES OF LIABILITY OR CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, WARRANTY (INCLUDING WARRANTY REMEDIES UNDER THE WARRANTY PARAGRAPH ABOVE), TORT OR STRICT LIABILITY. THE ABOVE LIMITATIONS SHALL INURE TO THE BENEFIT OF AJ’S SUPPLIERS, AGENTS AND SUBCONTRACTORS.