Limited Product Warranty
CL WARD warrants that all its manufactured products, when properly installed and maintained, will be free from defects in material and workmanship, and will comply with all written specifications made by CL WARD at the time of sale. CL WARD’s warranty shall run for a period of one year from the date of manufacture.
The warranty stated above is in lieu of all other warranties, express or implied, including but not limited to the implied warranties of MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Although CL WARD may have suggested the product, or provided written or oral advice to the Purchaser, it is the Purchaser’s responsibility to test and determine the suitability of the products in this catalog for the intended use and purpose, and Purchaser and/or its customer assumes all risk and liability whatsoever regarding such suitability.
Limitation of Liability
In the event of a breach of the above warranty, CL WARD’s sole obligation, and Purchaser’s sole and exclusive remedy, shall be, at CL WARD’s option, repair or replacement of any defective products, or refund of an applicable portion of the purchase price. CL WARD shall have no liability for costs of removal or reinstallation of the product. The Purchaser agrees that no other remedy, including but not limited to loss of profits, loss sales, injury to person or property, or any other special, incidental or consequential damages, shall be available to the Purchaser for any claim arising out of this Agreement, regardless of whether such claim is made in contract or in tort, including strict liability in tort. In no event will CL WARD be obligated to pay damages to the Purchaser in any amount exceeding the purchase price that the Purchaser paid to CL WARD or the allegedly defective product.