Purchaser and CERTEX USA expressly agree that CERTEX USA’s warranty with respect to sale of its products is limited solely to CERTEX USA’s choice of repair, replacement or refund of the purchase price of any product or part thereof determined by CERTEX USA to be defective within the first 12 months following the transfer of title of the product from CERTEX USA to the purchaser. Purchaser and CERTEX USA expressly agree that upon termination of the aforementioned 12 month period, the purchased product carries no warranty whatsoever. Purchaser and CERTEX USA expressly agree that the remedies provided in this section are the purchaser’s exclusive remedies in connection with the purchase or use of the product. Purchaser and CERTEX USA expressly agree that in no event shall CERTEX USA be liable for any incidental or consequential damages in connection with the purchase or use of the product.
ALL OTHER WARRANTIES, INCLUDING EXPRESS WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. PURCHASER HEREBY WAIVES ALL OTHER WARRANTIES, RIGHTS AND REMEDIES ARISING BY LAW OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, EXPRESS WARRANTIES, THE IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, CERTEX USA HEREBY DISCLAIMS ANY OF ITS OBLIGATIONS OR LIABILITIES ARISING FROM STATUTE, WARRANTY CONTRACT, TORT OR NEGLIGENCE.
Complete Agreement: This Warranty between purchaser and CERTEX USA is complete. All prior or contemporaneous discussions, representations and/or understandings are merged into this warranty. All prior or contemporaneous agreements between parties are superseded by this Warranty.