Common use of Limited Warranties and Remedies Clause in Contracts

Limited Warranties and Remedies. Seller warrants that, at the time of delivery to Customer’s chosen carrier, the Products will be of the Product type set forth in this Quote. ALL PRODUCTS ARE HEREBY SOLD AND DELIVERED “AS IS” AND WITH NO WARRANTY UNLESS SELLER AND CUSTOMER SPECIFICALLY AGREE OTHERWISE IN WRITING. Customer acknowledges that it is responsible for securing any engineering, building, or architectural advice necessary to determine the correct type of Products for any particular project. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE PRODUCTS ARE FIT FOR ANY PARTICULAR PURPOSE OR USE, AND ALL WARRANTIES WHICH MIGHT OTHERWISE ARISE FROM COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY SPECIFICALLY EXCLUDED. If the Products fail to conform to this limited warranty, Customer’s sole and exclusive remedy, and Seller’s entire liability will be, at Seller’s election, (i) the repair or replacement by Seller, within a reasonable time, of the non-conforming Products, or (ii) the refund of the price paid for the non-conforming Products, and in either case only if Customer rejects the Products in accordance with paragraph 5 above.