NO EXPRESS WARRANTY FOR PRODUCTS AND MATERIALS SUPPLIED
The Supplier makes no express warranties of any kind for products and materials it sells and supplies.
ASSIGNMENT OF MANUFACTURERS’ EXPRESS WARRANTIES FOR PRODUCTS AND MATERIALS SUPPLIED
The Supplier assigns to its customers all manufacturers’ warranties, if any, for products and materials it sells and supplies.
LIMITED EXPRESS WARRANTY FOR LABOR PERFORMED
The Supplier warrants to its customers that any labor it may perform is free from improper workmanship for a period of one (1) year from the date of performance.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SUPPLIER MAKES NO WARRANTIES, AND DISCLAIMS ALL WARRANTIES, WITH RESPECT TO THE FURNISHING OF LABOR, AND THE SALE AND SUPPLY OF PRODUCTS OR MATERIALS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE IMPLIED WARRANTY OF MERCHANTABILITY.
LIMITATION OF REMEDIES
IN NO EVENT SHALL THE SUPPLIER OR ANY SUPPLIER AFFILIATE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. ENFORCEMENT OF RIGHTS (AS LIMITED BY THE FIRST SENTENCE IN THIS SECTION) UNDER THE LIMITED EXPRESS WARRANTY CONCERNING LABOR PERFORMED, WHICH IS SUMMARIZED ABOVE, SHALL BE THE SOLE AND EXCLUSIVE REMEDY. ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, AND LIABILITIES, EXPRESS OR IMPLIED, ARE WAIVED, AND THE SUPPLIER SHALL HAVE NO LIABILITY OTHER THAN AS EXPRESSLY SET FORTH IN THIS SUMMARY OF LIMITED EXPRESS WARRANTIES, DISCLAIMER OF WARRANTIES, AND LIMITATION OF REMEDIES.
EXCEPTIONS AND QUALIFICATIONS
The foregoing terms, disclaimers, and limitations apply as stated except to the extent there is a written agreement properly executed by an expressly authorized representative of both the Supplier and its customer that expressly varies these terms.
If certain goods are manufactured specifically for and sold by a Supplier and/or one or more Supplier Affiliates under proprietary private label brands, they may be covered by a separate manufacturer’s limited product warranty supplied with such product(s). Please refer to the warranty documentation provided with any such private label products for a description of the terms of any such manufacturer’s limited product warranty.
Certain manufacturers may restrict, limit, or place conditions on the assignment of their manufacturer’s warranties. The Supplier will assign such manufacturer’s warranties to the maximum extent allowed by law, and by the terms of any agreement between the Supplier and such manufacturer.