WARRANTY- Seller warrants the Goods will be as described on the face hereof, will be free from any defects in material and workmanship at the time of delivery and will be manufactured in accordance with the Fair Labor Standard Act of 1938, as amended. SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. In order to assert a claim for breach of warranty, Buyer must contact Seller within one (1) year from date of sale determined by invoice date and which Seller's examination shall disclose to its satisfaction to thus defective. This remedy is agreed by Buyer and Seller to constitute a sole and exclusive remedy and all sales are made subject to the conditions that Seller is not liable for consequential damage or for personal injuries of Buyer or its agents thereof. Seller will not warrant installation of Goods by Buyer or its agents. Seller will not be responsible for services, labor or other expenses incurred by buyer, their customers or agent for replacement of defective goods.
EXCLUSIVE REMEDY- The exclusive remedy of the Buyer for any breach of the warranties set out in Section (2) will be, in Seller's sole discretion, the replacement or repair of the Defective Goods provided Buyer pays shipping charges for return of such Goods to Seller.
LIMITATION OF DAMAGE- In the event of a breach hereof, Seller will not under any circumstance be liable for consequential or incidental damage or expenses of the Buyer including without limitation lost profits, whether or not the Seller has been advised of the same.
BUYER'S INDEMNITY- The Buyer shall indemnify and hold Seller harmless from and against any and all losses, damages and expenses (including attorneys' fees and other costs of defending any action) that the Seller may sustain or incur as a result of any claim of negligence, breach of implied warranty or strict liability by the Buyer, its successors, agents, assigns or customers, whether direct or indirect, in connection with the use of the Goods.