HIGH TEMP BEARINGS, INC as the seller of the products contained in this catalog warrants to the first user/purchaser that the products sold by it, when properly installed, will be free from defects in material and workmanship. HIGH TEMP BEARINGS, INC’s sole obligation and liability for any defect found to exist in a product sold by HIGH TEMP BEARINGS, INC contrary to this warranty, and purchaser’s sole and exclusive Remedy for such defect, shall be limited to: (A) HIGH TEMP BEARINGS, INC furnishing without additional charge to purchaser, including transportation, a replacement for any of the products sold by HIGH TEMP BEARINGS, INC which are found by HIGH TEMP BEARINGS, INC to be defective contrary to this limited warranty, and (B) in the case of products which cannot be repaired or replaced by HIGH TEMP BEARINGS, INC, HIGH TEMP BEARINGS, INC shall credit or refund purchaser the purchase price paid therefore; provided, that HIGH TEMP BEARINGS, INC is advised in writing of such product non-conformance within thirty (30) days of the date of discovery thereof, and that the non-conforming product is returned f.o.b. to HIGH TEMP BEARINGS, INC’s designated warehouse promptly thereafter, but in any case not later than twelve (12) months from the date of original shipment of the product to purchaser by HIGH TEMP BEARINGS, INC. In no event shall HIGH TEMP BEARINGS, INC be obligated under this warranty or otherwise in any way whatsoever for normal wear and tear or for any products sold by HIGH TEMP BEARINGS, INC which, after delivery by HIGH TEMP BEARINGS, INC and in HIGH TEMP BEARINGS, INC’s sole determination, have been subjected to accident, abuse, misapplication, improper or faulty repair or installation, improper or faulty maintenance or lubrication, any alteration or neglect, excessive loading or other excessive operating conditions, or for defects caused by or resulting from purchaser’s specifications or designs or otherwise caused by purchaser.
TO THE FURTHEST EXTENT PERMITTED UNDER APPLICABLE LAW, HIGH TEMP BEARINGS, INC DISCLAIMS LIABILITY, IN TORT OR CONTRACT, IN NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR ANY OTHER REMEDY OR DAMAGE, WHETHER DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL WITH RESPECT TO ITS PERFORMANCE HEREUNDER, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE PRODUCTS SOLD OR PROVIDED HEREUNDER BY HIGH TEMP BEARINGS, INC, AND ITS PROVISION OF ANY RELATED SERVICES. THIS EXPRESS WARRANTY IS TO THE EXCLUSION OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COSTS INCURRED FOR ROUTINE MAINTENANCE ARE NOT COVERED BY THIS WARRANTY.
Without limiting the generality of the foregoing disclaimer, HIGH TEMP BEARINGS, INC specifically disclaims liability to purchaser for any loss, cost, or damage incurred as a result of equipment downtime, or loss of use or availability of worksite, lost revenues or lost profits, or losses or liability arising, regardless of whether HIGH TEMP BEARINGS, INC is on notice of the possibility of such damage or loss and did or could have anticipated same. No other person has been authorized by HIGH TEMP BEARINGS, INC to undertake or make on behalf of HIGH TEMP BEARINGS, INC any further representation, warranty or guarantee in addition to or contrary to HIGH TEMP BEARINGS, INC’s warranty made herein or contrary to the limitations and disclaimers provided herein. The exclusive remedies provided in this limited warranty shall not be deemed to have failed of their essential purpose so long as HIGH TEMP BEARINGS, INC is willing and able to perform to the extent and in the manner prescribed in this warranty.
Returned items may be subject to either a restocking fee or refusal, High Temp Bearings Inc. reserves the right to refuse any refund.