BUYER’S INSPECTION DUTIES:
As soon as goods are delivered to Buyer, Buyer shall inspect the goods, whether or not the inspection of the goods is difficult due to size of the goods or manner of the packaging of the goods. Notice in writing shall be given within 48 hours of receipt of goods of any defects or omissions. Failure to give written notice specifying in detail the objections of the Buyer, within 48 hours after receipt shall constitute irrevocable acceptance of the goods. Goods subject to the complaint must be kept intact and protected until the Seller has had a reasonable opportunity to inspect the goods and arrange for repair or replacement of the goods.
LIMITATION OF DAMAGES OR BUYER’S REMEDIES:
The goods sold are warranted to be free from defects in material and workmanship for a period set forth by the manufacturer. NO OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE MADE BY THE SELLER. SELLER HEREBY EXCLUDES ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SPECIAL, INCIDENTAL, AND CONSEQUENTIAL DAMAGES ARE EXCLUDED. SINCE IN THE CASE OF CONSUMER PRODUCTS, SOME STATES DO NOT ALLOW EXCLUSIONS OR IMPLIED WARRANTIES OR THE EXCLUSION OF SPECIAL INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ONE OR MORE OF THE EXCLUSIONS MAY NOT APPLY TO CONSUMER PURCHASES LOCATED IN SUCH STATES. Buyer’s exclusive remedy on account of the furnishing of material that does not conform to this contract shall be, at Seller’s option, to secure replacement thereof or payment of the claim (which shall not exceed the purchase price of goods in respect of which such claim is made); in no event shall Seller be liable for special, indirect, incidental, or consequential damages.
BUYER’S HOLD HARMLESS: The Seller shall not be liable for infringement of any patents, domestic or foreign, arising out of use, installation, or resale of material to be furnished under this proposal. If such material is manufactured or furnished by the Seller in accordance with the Buyer’s instructions or specification, the Buyer will keep the Seller harmless from liability or expense of any nature or kind whatsoever based on or arising out of any claim for infringement of any patent, domestic, or foreign.