Elenco Carbide Tool Corporation, warrants to original equipment manufacturers, distributors, and industrial and commercial users of its products that each new product which it manufactures or supplies is free from defects in material and workmanship under normal use for a period of one year from date of shipment. This warranty is, at its option, limited to furnishing, without additional charge, a replacement for, or repairing or issuing credit for any such product which shall be returned within the warranty period, freight prepaid, to the plant designated by an Elenco Carbide Tool Corp. representative and which, upon inspection, is determined to be defective in materials, or workmanship. The provisions of this warranty shall not apply to any product which has been subjected to abuse, accident, neglect, misuse, improper operating conditions, machine setup or which has been repaired or altered, if such would adversely affect performance of the product. Complete written information detailing the defect in material and workmanship must be furnished and satisfactory to Elenco Carbide Tool Corporation, as a prerequisite to its consideration of any claim or complaint under this warranty. The repair, replacement or issuance of credit for parts provided for in the warranty constitutes the Buyer’s EXCLUSIVE REMEDY.
THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
Elenco Carbide Tool Corporation, shall have no liability or responsibility on any claim of any kind, whether in contract, tort or otherwise, for any loss or damage arising out of, connected with, or resulting from the manufacture, sale, delivery or use of any product sold hereunder, in excess of the cost of replacement or repair as provided herein, IN NO EVENT SHALL ELENCO CARBIDE TOOL CORPORATION BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR LOSS OF USE.. Elenco Carbide Tool Corporation neither assumes nor authorizes any other person or entity to assume for it any other obligation or liability in connection with any of its products.
The above warranty notwithstanding, equipment manufacturers, distributors, industrial and commercial users of Elenco Carbide Tool Corporation products shall have no more than 30 calendar days in which to return products to an Elenco Carbide Tool Corp. representative for those products that do not meet user specifications.