Vesture (“Seller”) warrants its Products and components to be free from defects in design, material and workmanship under normal use and service conditions. Seller’s obligation hereunder shall be limited to the repair or replacement with new product or components, at Seller’s option, of any Product or Product components or parts thereof which fail during the applicable period of warranty coverage and which are demonstrated upon Seller’s examination to have failed due to defective design, material and/or workmanship.
Periods of Warranty Coverage
No Other Warranty Given
THE OBLIGATIONS SET FORTH IN THIS LIMITED WARRANTY ARE SELLER’S SOLE OBLIGATIONS AND PURCHASER’S EXCLUSIVE REMEDIES. SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED (except to the extent provided in the immediately following paragraph), AND MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THE SOLE REMEDIES OF PURCHASER HEREUNDER ARE REPAIR OR REPLACEMENT OF THE PRODUCT(S) AND/OR COMPONENTS; WITH THESE SOLE EXCEPTIONS, SELLER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND PURCHASER HEREBY WAIVES, FOR ITSELF AND ITS SUCCESSORS AND ASSIGNS, (1) ANY AND ALL CLAIMS FOR PUNITIVE DAMAGES, AND (2) ALL CLAIMS OF NEGLIGENCE OR STRICT LIABILITY OR BOTH. IN NO EVENT WILL SELLER’S LIABILITY EXCEED THE PRICES FOR THE PRODUCTS AND/OR COMPONENTS WHICH ARE ACTUALLY PAID BY PURCHASER. Purchaser (1) recognizes that the provisions of this limitation are a material factor in Seller’s sale of the Products and Components at the price(s) specified, and (2) agrees that any accommodation to Purchaser by Seller, whether for sales policy reasons or otherwise, shall not be taken to establish any liability of Seller or any contract term inconsistent herewith.
However, to the extent that any warranty may be implied by law, the term of such implied warranty shall be limited to a period of time corresponding to the period of express warranty applicable to the particular product, and its use by Purchaser, as set forth herein, commencing on the date of delivery of the Product or Component to Purchaser.
Failures Excluded From Warranty
This Limited Warranty will not apply to any Product or Component failure which results from accidents, fire, neglect, abuse, abnormal service or use or from normal “wear and tear” not related to defective material and/or workmanship, or to any failure resulting from improper installation of, improper adjustments to or Purchaser-initiated repairs to any Product or Component or to any failure resulting from the use of materials or parts not approved by Seller with the System. This Limited Warranty will also not apply to any Product that has been misused.
Choice of Law
This Limited Warranty shall be governed by, and construed and interpreted in accordance with, the laws of the State of North Carolina. Any qualification or restriction contained herein which is prohibited by any law of mandatory application shall be deemed to be deleted herefrom, however, such deletion shall have no effect on the remaining provisions hereof, all of which shall remain in full force and effect.