Seller warrants for a period of 5 years, from the date of shipment from Seller’s plant that the products delivered hereunder will be of the kind and quantity designated or specified herein, shall conform to the specifications set forth herein, and shall be free from defects in materials, workmanship and title. EXCEPT AS SET FORTH ABOVE, SELLER DISCLAIMS AND MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR AGAINST PATENT, COPYRIGHT, OR TRADEMARK INFRINGEMENT OR OTHERWISE. BUYER ASSUMES AND INCURS ALL RISK RESULTING FROM THE USE OF THE PRODUCTS SOLD HEREUNDER, WHETHER USED SINGLY OR IN COMBINATION WITH OTHER PRODUCTS. Buyer shall inspect products delivered hereunder within thirty (30) days after delivery of such products to their shipping destination. In the event the products sold hereunder fail to conform to the specifications set forth herein or are not free from defects in materials or workmanship, and if Buyer shall notify Seller thereof within ten (10) days after Buyer discovered, or should have discovered, such failure or defects, then Seller shall, at Seller’s sole and exclusive option, issue appropriate credit or correct such failure or defect by repairing or replacing such products found in fact to be nonconforming or defective. Seller will accept no charges for any labor, repair cost or shipment costs without prior written approval authorization. Seller retains the right to select the appropriate remedy of warranty claims. Buyer shall return, by prepaid shipment, all allegedly nonconforming or defective products, subject to reimbursement by Seller of the cost of shipping such products found in fact to be nonconforming or defective, only after first obtaining, and then observing, such reasonable instructions as Seller may give in authorizing any return by Buyer. The risk of loss to products being returned shall be on the Buyer until the products are received at the location designated by Seller. Buyer represents that it is not relying upon the skill or judgment of Seller to select or furnish suitable products for any specific or general use intended or contemplated by Buyer. Seller shall not be liable for a breach of warranty unless: (a) Buyer gives written notice of the defective products or services to Seller as provided herein; (b) Seller is given a reasonable opportunity after receiving notice of such breach to examine the products; and (c) Seller reasonably verifies Buyer’s claim that the products and services are defective.
