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Limited Warranty

WARRANTY.  Buckhorn Inc. warrants that the products sold pursuant to these Terms and Conditions of Sale will be free from defects in material and workmanship at the time delivered in accordance with these Terms and Conditions of Sale. The foregoing limited warranty does not apply to (i) any defect in products not manufactured by Buckhorn Inc. (ii) improper installation or maintenance of the products, (iii) any products manufactured according to Purchaser’s specifications and (iv) normal wear and tear, negligent or improper use, handling and/or storage of the products. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED HEREIN, THE PRODUCTS ARE PROVIDED “AS IS”, AND TO THE FULLEST EXTENT PERMITTED BY LAW, Buckhorn Inc.  EXCLUDES ALL OTHER EXPRESS AND IMPLIED TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS REGARDING THE PRODUCTS ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY, REASONABLE SKILL AND CARE AND FITNESS FOR A PARTICULAR PURPOSE.  THE REMEDIES SET FORTH IN THIS SECTION 15 AND SECTION 14 ARE PURCHASER’S SOLE AND EXCLUSIVE REMEDIES WHETHER IN TORT, OR OTHERWISE, ARISING FROM DEFECTS IN PRODUCTS.  Buckhorn Inc.  WILL NOT BE LIABLE FOR INJURIES OR DAMAGES TO PERSONS OR PROPERTY RESULTING FROM ANY CAUSE WHATSOEVER.  Buckhorn Inc.'s sole obligation and Purchaser’s exclusive remedy under this warranty shall be limited to one of the following, as selected by Buckhorn Inc.: (a) repair or replacement of the product determined to be defective by Buckhorn Inc. or (b) a refund for the appropriate amounts that Purchaser paid for such products.

 

LIMITATIONS ON LIABILITY.  IN NO EVENT WILL Buckhorn Inc.  BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, REPUTATIONAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, PROFIT OR UNDER- UTILIZATION OF LABOR OR FACILITIES, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST DATA, AND COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LINE STOPPAGE, AND PRODUCT RECALL REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF Buckhorn Inc.  HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES.  Buckhorn Inc. ’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF, OR RELATING TO, THE PRODUCTS WILL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL PURCHASE PRICE FOR THE GOODS GIVING RISE TO THE CLAIM.


Please visit Sales Terms and Conditions for more information.