All sales of hardware, parts, assemblies, components and other products ("the Products") sold by Perfection Machine and Tool Works ("the Company") are subject to the following Warranty provisions:
The Products sold by the Company are warranted to be free from defects in workmanship and materials for one year from the date of shipment by the Company. IT IS EXPRESSLY AGREED THAT THIS WARRANTY WILL BE IN LIEU OF ALL WARRANTIES OF FITNESS AND IN LIEU OF THE WARRANTY OF MERCHANTABILITY WITH RESPECT TO ALL PRODUCTS SOLD BY THE COMPANY.
The express warranty made herein shall be void and shall have no effect if the Company's Product is or is attempted to be modified or altered in any way or is subject to damage from accident, misuse or abuse. If the buyer of the Product intends to adapt the Product or incorporate the Product into other machinery, equipment, vehicles or other goods, the buyer should employ its own engineers and experts to determine the safety of the designed use of the Product and the suitability of the Product for the intended use.
THE SOLE AND EXCLUSIVE REMEDY FOR PRODUCT FAILURE WITH RESPECT TO PRODUCTS SHIPPED BY THE COMPANY SHALL BE THE REPLACEMENT OF THE PRODUCT THAT WAS SHIPPED OR AT THE OPTION OF THE COMPANY, A REFUND OF THE PURCHASE PRICE PAID FOR THE PRODUCT. THE BUYERS OF THE COMPANY'S PRODUCTS EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF THE COMPANY'S EMPLOYEES OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY LABOR CHARGES, INJURIES OF ANY TYPE OR OTHER LOSS OR DAMAGES WHATSOEVER, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES.