LIMITED WARRANTY & DISCLAIMER: Except with respect to goods (or components thereof) manufactured by others, Husky (the seller), warrants, for a period of one (1) year following shipment, only that the goods and/or services described herein (the “goods”) are free from defects in workmanship performed by the seller that exist at the time of shipment of the goods by the seller. All warranty claims must be made within one (1) year after the seller has shipped the product. The seller’s liability hereunder is limited to the purchase price of any product proven defective or, at the seller’s option, to the replacement of such product F.O.B. the seller’s home office.
IT IS UNDERSTOOD AND AGREED THAT THE SELLER’S LIABILITY AND PURCHASER’S SOLE REMEDY, WHETHER IN CONTRACT, UNDER ANY WARRANTY. IN TORT (INCLUDING NEGLIGENCE), IN STRICT LIABILITY OR OTHERWISE SHALL NOT EXCEED THE RETURN OF THE PURCHASE PRICE PAID BY PURCHASER, AND UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT, LOST PROFITS OR REVENUE, COST OF RENTING ANY REPLACEMENT OR ANY OTHER ADDITIONAL EXPENSES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRICE STATED FOR THE EQUIPMENT IS A CONSIDERATION IN SO LIMITING SELLER’S LIABILITY AND PURCHASER’S REMEDY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. The law of the State of Missouri shall apply to any resulting agreement with respect to a sale of the goods.
SELLER WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES AS A RESULT OF THE NEGLIGENCE OF THE PURCHASER OR ANY USER, WHETHER DEEMED ACTIVE OR PASSIVE AND WHETHER OR NOT ANY SUCH NEGLIGENCE IS THE SOLE CASE OF ANY SUCH DAMAGE, LOSS OR EXPENSE.
THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE CREATED UNDER APPLICABLE LAW. INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS.
AS TO GOODS (OR COMPONENTS THEREOF) SOLD BY THE SELLER BUT MANUFACTURED BY OTHERS, THE BUYER SHALL ACCEPT IN LIEU OF ANY LIABILITY, GUARANTEE, OR WARRANTY FROM THE COMPANY, THE BENEFITS OF ANY GUARANTEE OR WARRANTY OBTAINED BY THE SELLER FROM THE MANUFACTURER THEREOF. THIS INFORMATION IS FURNISHED SOLELY TO NOTIFY THE BUYER THAT THEY MAY BE COVERED BY A WARRANTY FROM THE MANUFACTURER. THE SELLER IS NOT ADOPTING OR ASSUMING RESPONSIBILITY FOR THE MANUFACTURER’S WARRANTY, AND IS NOT MAKING ANY OTHER EXPRESSED OR IMPLIED WARRANTY INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY CONCERNING THESE GOODS.