Buyer accepts that Seller’s warranty prevails on orders confirmed by Seller. Seller warrants its products to be free from defects in materials and workmanship at the time of shipment under normal use and service in accordance with Seller’s specifications or drawings for a period of one (1) year after date of shipment by Seller. Seller’s obligations with respect to warranty claims are limited to only repair, replacement or refund of the purchase price actually paid for the product, after return of the product. This warranty does not extend to any product sold by Seller that has been subjected to misuse, neglect, accident, improper installation, a use in violation of instructions furnished by Seller, or that has been soldered or altered during assembly and is not capable of being tested by Seller. The foregoing warranty supersedes and replaces any and all warranties, whether oral, written, express, implied or statutory. Implied warranties of fitness for a particular purpose and merchantability are specifically excluded and shall not apply. Buyer agrees that Seller is not liable for any special, incidental or consequential damages including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claims for service interruptions or failure to supply, downtime, testing, installation or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. Seller’s products are not designed, manufactured or intended for critical use in end products, which include, but are not limited to, nuclear facilities applications, human medical, including implantable devices, or life support or critical care systems. Seller is not liable, in whole or in part, for any claims or damages arising from such use.


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