1. ALL PRODUCTS SOLD BY SELLER ARE WARRANTED FOR A PERIOD OF ONE YEAR FROM THE DATE OF SHIPMENT TO THE ORIGINAL BUYER TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER NORMAL USE AND SERVICE. Sellers liability under this warranty is limited to the cost of repairs and replacement of products, which fail to comply with the foregoing warranty, or refund of the purchase price therefore, at Sellers option, and in no event shall Seller be liable for any consequential damages claimed as a result of any breach of the foregoing warranty. This warranty is contingent upon Buyers compliance with Sellers Customer Claim Procedure. This warranty shall not apply to products or parts repaired or altered by others than the Seller so as, in its judgment, to affect them adversely. THE WARRANTY STATED HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
2. LIABILITY LIMITATION – IN CONSIDERATION OF THE EXPRESS WARRANTY AND OTHER TERMS HEREIN CONTAINED, BUYER AGREES THAT BUYERS EXCLUSIVE REMEDY AND SELLERS SOLE LIABILITY ON ANY CLAIM WHETHER TORT, CONTRACT OR WARRANTY, SHALL BE LIMITED TO REIMBURSEMENT OF PURCHASE PRICE AND NO OTHER REMEDY (INCLUDING BUT NOT LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER INCIDENTAL LOSS OR DAMAGE) SHALL BE AVAILABLE TO IT, IN NO EVENT AND FOR NO CAUSE WHATSOEVER, INCLUDING ANY BREACH OR DEFAULT BY SELLER SHALL SELLER HAVE ANY MONETARY LIABILITY TO BUYER IN EXCESS OF THE CONTRACT PRICE OR PRICES OF THE PERTINENT GOODS IN QUESTION.