OKIN America’s Statement of Warranty:
For Completed Goods Sold: Seller warrants to Buyer that the goods manufactured and sold by Seller will be free from defects in material and workmanship, under normal use and service, for a period of two (2) years from date of shipment, provided that (i) the goods are inspected by Buyer promptly upon arrival, and (ii) the goods are installed, used, and/or operated under factory recommended procedures. Seller warrants that all goods sold by Seller will be designed and manufactured to perform the mechanical functions expressly stated in Seller’s specifications provided the machinery and equipment are maintained and operated under proper conditions by competent trained personnel using such raw materials as may be specified.
For Parts Sold: Seller warrants to Buyer that parts sold separately from completed goods shall be free from defects in material and workmanship for a period of two (2) years days from the date of shipment, provided all such parts are installed and used under factory recommended procedures, except that sales of all used parts shall be sold on an “as is” basis and the warranties stated herein shall not apply to used parts. General Terms Applicable to Warranty: THE WARRANTIES STATED IN THIS PARAGRAPH ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES (WHETHER EXPRESSED, IMPLIED, OR STATUTORY). ANY IMPLIED WARRANTY OF MERCHANTABILITY IN RESPECTS OTHER THAN AS EXPRESSLY SET FORTH ABOVE AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. Seller neither assumes nor authorizes any person to assume for it any other warranty liability whatsoever other than as set forth in this statement.
Goods sold but not manufactured by Seller are subject only to the manufacturer’s warranty, if any. Buyer is solely responsible to enforce any warranty by others and Seller shall have no obligation to enforce the warranty of any other manufacturer. Seller does not warrant the amount or quality of production by Buyer. If any goods are found by Buyer within the warranty period to have been defective and notification of such defect and claim has been reported to Seller in accordance with these Terms, then Seller will replace or repair (at its option), F.O.B. Seller’s facility, such goods as are defective, provided that Buyer returns to Seller, upon Seller’s request, the original goods to Seller’s plant, charges prepaid, and further provided that inspection of such goods by Seller establishes Buyer’s claim. Goods repaired or replaced under this warranty continue under warranty only for the remainder of the original warranty period.
All damage claims of Buyer beyond repair or replacement of whatever nature, including without limitation Buyer’s labor costs, are excluded and not covered under this warranty. Correction by Seller of non-conformities, whether obvious or latent, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of Seller for such non-conformation, whether based on contract, warranty, negligence, indemnity, strict liability or otherwise, with respect to or arising out of the sale or use of such goods. If Buyer makes any repairs, replacements, or modifications to goods sold under the Sales Contract without Seller’s prior written consent, or uses any spare part not manufactured or sold to the Buyer by the Seller which causes or contributes to a defect, then Seller shall be relieved of its warranty obligations. Seller shall not be liable to Buyer for the cost of repairs, alterations, or replacements or any other expenses related thereto, made or incurred by the Buyer or any of its employees or agents, except where Seller has previously authorized by Seller in writing. Failure on the part of the Buyer to comply fully with the terms of payment shall relieve the Seller of any obligation under this warranty.
Any advertising material, submitted with the Sales Contract or separately, is intended exclusively for the purpose of illustrating Seller’s products and shall not be deemed part of the specifications or these Terms unless expressly stated in writing. Warranty Claims, Limitation on Remedy: Buyer’s remedies under the Sales Contract and for breach of warranty shall, at the sole option of Seller, be limited to repair or replacement of the defective goods provided that any claim for breach of warranty must be filed within two (2) years after delivery to Buyer, that any such defective goods be returned to Seller with transportation charges prepaid within the timeframe provided for under these Terms, and that Seller’s examination shall disclose to its satisfaction that such goods are indeed defective as claimed by Buyer. Seller shall not be liable for any other damages or costs, including freight or transportation costs, loss of time, inconvenience, lost profits, loss of use, or for any claimed incidental or consequential damages (as those terms are understood under UCC § 2-715).