Warranty And Limitation Of Remedy And Liability - Wayne Vista Series Service

WARRANTY AND LIMITATION OF REMEDY AND LIABILITY

Seller warrants that new products and parts of its own design and manufacture when shipped,
will be of good quality and will be free from defects in material and workmanship and will
conform to applicable specifications. Work, when performed by Seller, will meet applicable
work requirements. No warranty is made with respect to used or rebuilt equipment and with
respect to products not manufactured by Seller, Seller's only obligation shall be to assign to
Buyer, at the time of sale, whatever warranty Seller has received from the manufacturer. Items
such as but not limited to lamps, electric motors, hoses, nozzles, hose swivels and safety impact
valves are included in the category referred to in the previous sentence. Seller's recommenda-
tions with respect to the operation of Seller's equipment are advisory only and are not warranted.
All claims under this warranty must be made in writing immediately upon discovery and, in any
event, within twenty-four (24) months from date of start-up, if a product is involved, or from
completion of the applicable work, if work is involved, or thirty (30) months from date of in-
voice (whichever shall occur first). (Provided however, that with respect to the Wayne Plus
system, 2400 system, DL series dispensers, and card readers, all claims must be made in writing
within twelve (12) months from date of start-up. With respect to receipts/totals printers, and any
other printers or printing mechanisms, all claims must be made in writing within ninety (90) days
from date of start-up. Wayne Vista dispenser external metal panels will be free from defects due
to rust and/or corrosion for a period of forty-eight (48) months from date of dispenser start-up.)
Defective and nonconforming items must be held for Seller's inspection and returned to the
original f.o.b. point upon request. Seller's warranty on service parts, whether new or recondi-
tioned, is ninety (90) days from the date of installation, or twelve (12) months from date of
invoice, whichever first occurs. THE FOREGOING IS EXPRESSLY IN LIEU OF ALL
OTHER WARRANTIES WHATSOEVER, EXPRESSED, IMPLIED AND STATUTORY,
INCLUDING WITHOUT LIMITATIONS, THE IMPLIED WARRANTIES OF MERCHANT-
ABILITY AND FITNESS.
Upon Buyer's submission of a claim as provided above and its substantiation, Seller shall, at its
option either (I) repair or replace its product or work at the original f.o.b. point or location of
purchase products and/or parts or (II) refund an equitable portion of the purchase price.
THE FOREGOING IS SELLER'S ONLY OBLIGATION AND BUYER'S EXCLUSIVE
REMEDY FOR BREACH OF WARRANTY AND, EXCEPT FOR GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT, THE FOREGOING IS BUYER'S EXCLUSIVE REMEDY
AGAINST SELLER FOR ALL CLAIMS ARISING HEREUNDER OR RELATING HERETO
WHETHER SUCH CLAIMS ARE BASED ON BREACH OF CONTRACT, TORT (INCLUD-
ING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES. BUYER'S FAIL-
URE TO SUBMIT A CLAIM AS PROVIDED ABOVE SHALL SPECIFICALLY WAIVE
ALL CLAIMS FOR DAMAGES OR OTHER RELIEF, INCLUDING BUT NOT LIMITED TO
CLAIMS BASED ON LATENT DEFECTS. IN NO EVENT SHALL BUYER BE ENTITLED
TO INCIDENTAL OR CONSEQUENTIAL DAMAGES. ANY ACTION BY BUYER ARIS-
ING HEREUNDER OR RELATING HERETO, WHETHER BASED ON BREACH OF CON-
TRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER
THEORIES, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES OR IT SHALL BE BARRED.