Customer will be responsible to pay the full P.O. price if Products are sold in response to a P.O. cancelled by Customer (without Frank Winne’s fault). Rejection of alleged nonconforming Products must be made in writing 30 days after delivery for non-conformities reasonably discoverable on inspection, and three (3) months after delivery for latent non conformities; after that time Products will be deemed accepted and not subject to revocation of acceptance. Customer will give Frank Winne reasonable opportunity to examine and test Products that are the basis for any claim. As a condition for replacement, refund or credit, Frank Winne may request the return of alleged nonconforming Products in the same condition as when received, except such part as cannot be returned due to necessary testing. On request, Customer shall also return, if possible, tested Products. No claim against Frank Winne shall be made or allowed for Products returned without Frank Winne’s prior written consent. All claims for loss or damage during transit must be made against the carrier and by notation on freight bill or delivery receipt. All returns of other than nonconforming Products must be: (i) approved in advance by Frank Winne; (ii) of Products in new condition and not printed or special; (iii) made within 90 days; (iv) shipped at Customer’s expense; and (v) accompanied by or subject to a twenty-five percent (25%) restocking charge. Credits (other than those for overpayments) expire 180 days after issuance.
Warranty and Limitation of Claims
The products sold hereunder shall be of merchantable quality and shall confirm to Seller’s standard specification. Defective or non-conforming products shall be replaced by seller without any additional charge, or in lieu thereof, if seller elects, seller may upon return of the products at Seller’s expense refund the purchase price. Seller’s liability for any loss or claim whatsoever, including claim for breach of warranty of merchantability, shall be limited solely and exclusively to replacement of defective or non-conforming products or, at the election of seller, to return of the products and repayment of the price in no event shall seller be liable for any special, incidental, consequential or exemplary damages. There are no warranties which extend beyond the description of the product on the face hereof, and seller makes no warranty, express or implied, of fitness for particular use or otherwise, and buyer assumes all risk whatever as to the result of the use of the products purchased, whether used singly or in combination with other substances or products.