THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY SELLER WITH RESPECT TO THE GOODS AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO SELLER IN SPECIFICATIONS, DRAWINGS OR OTHERWISE, AND WHETHER OR NOT SELLER'S PRODUCTS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY SELLER FOR BUYER'S USE OR PURPOSE.
These warranties do not extend to any losses or damages due to misuse, accident, abuse, neglect, normal wear and tear, negligence (other than Seller's), unauthorized modification or alteration, environmental conditions, improper installation, repair, handling, maintenance or application or any other cause not the fault of Seller. See Exhibit A attached hereto for Seller’s recommended care procedures.
If within thirty (30) days after Buyer's discovery of any warranty defects within the warranty period, Buyer notifies Seller thereof in writing, Seller shall, at its option and as Buyer’s exclusive remedy, repair, correct or replace F.O.B. point of manufacture, or refund the purchase price for, that portion of the Goods found by Seller to be defective. Buyer shall give Seller the reasonable opportunity to perform any appropriate inspections on Goods for which a warranty claim is made. Failure by Buyer to give such written notice within the applicable time period shall be deemed an absolute and unconditional waiver of Buyer's claim for such defects. Seller shall have the right to require Buyer to deliver the Goods to Seller’s designated service center, and Buyer shall pay all charges for inbound and outbound transportation. In addition, Buyer shall pay for any services (diagnostic or otherwise) other than the direct and actual costs of repair or replacement under the foregoing warranties. Parts repaired or replaced during the warranty KCP-4023931-4 period shall be covered by the foregoing warranties for the remainder of the original warranty period or ninety (90) days from the date of shipment, whichever is longer; provided that no additional warranty shall apply to repaired Goods as a whole or to parts not repaired or replaced by Seller pursuant to the foregoing warranties.
Buyer assumes all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Goods, either alone or in combination with other products/components.
Section 6 applies to any entity or person who may buy, acquire or use the Goods, including any entity or person who obtains the Goods from Buyer, and such subsequent transferee shall be bound by the limitations therein, including Section 7. Buyer agrees to provide such subsequent transferee conspicuous, written notice of the provisions of Sections 6 and 7.