Bacharach, Inc. warrants to Buyer that at the time of delivery this Product will be free from defects in material and manufacture and will conform substantially to Bacharach Inc.’s applicable specifications. Bacharach’s liability and Buyer’s remedy under this warranty are limited to the repair or replacement, at Bacharach’s option, of this Product or parts thereof returned to Seller at the factory of manufacture and shown to Bacharach Inc.’s reasonable satisfaction to have been defective; provided that written notice of the defect shall have been given by Buyer to Bacharach Inc. within two (2) years after the date of delivery of this Product by Bacharach, Inc.
Bacharach, Inc. warrants to Buyer that it will convey good title to this Product. Bacharach’s liability and Buyer’s remedy under this warranty of title are limited to the removal of any title defects or, at the election of Bacharach, to the replacement of this Product or parts thereof that are defective in title.
The warranty set forth in paragraph 1 does not apply to parts the Operating Instructions designate as having a limited shelf-life or as being expended in normal use (e.g., filters).
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF (I) ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE: AND (II) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN CONTRACT OR TORT, WHETHER OR NOT ARISING FROM BACHARACH’S NEGLIGENCE, ACTUAL OR IMPLIED.
The remedies of the Buyer shall be limited to those provided herein to the exclusion of any and all other remedies including, without limitation incidental or consequential damages. No agreement varying or extending the foregoing warranties, remedies or this limitation will be binding upon Bacharach, Inc. unless in writing, signed by a duly authorized officer of Bacharach.
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