ESS warrants to the buyer, for a period of thirty days after the products are received, that its products are free from defects in materials and workmanship. ESS makes no other warranties whatsoever, expressed or implied, with respect to the products, including any warranties that extend beyond the description of the products. Since the conditions of product use are outside ESS control, there are no implied warranties of merchantability or fitness for a particular purpose. ESS disclaims any liability against infringement of any patent through the use of these products in combination with other materials or processes.
All claims for errors, defects, or damaged products or any part thereof must be made within thirty days after the products are received. Failure to make any such claim within that time shall be deemed to constitute an irrevocable acceptance of the products as though the products had been delivered free of any such errors, defects, or damage. The obligation of ESS under this warranty shall be limited to replacing, F.O.B. the ESS warehouse in Mequon, Wisconsin, USA, or allowing a purchase credit at ESS option, any products which may prove to be defective or unsuitable, provided the Buyer gives ESS prompt notice of defects during the warranty period of thirty days, and (i) returns the products to ESS with transportation charges prepaid, and (ii) ESS inspection confirms the alleged defects or damage to the products. Return authorization is required.
THE FOREGOING REMEDY OF REPLACEMENT OR CREDIT, AT ESS’S OPTION, IS BUYER’S EXCLUSIVE REMEDY. ESS WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, REVENUE, OR PROFIT), WHETHER BASED UPON WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY ARISING IN CONNECTION WITH THE SALE OR USE OF THE PRODUCTS. ESS’S MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL NOT IN ANY CASE EXCEED THE PRICE FOR THE PRODUCTS CLAIMED TO BE DEFECTIVE OR UNSUITABLE AND SHALL NOT EXTEND TO ANY PRODUCTS FOR WHICH BUYER HAS NOT FULLY PAID ESS.
Except as specifically provided above, ESS MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO THE PRODUCTS, ORAL OR EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION OF THE PRODUCTS. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Online purchase of ESS’s products constitutes Buyer’s express acknowledgment of and acceptance of the foregoing warranties, disclaimers of warranties, and limitations of liability.
