AIRTECH INTERNATIONAL, INC. DISCLAIMER AND WARRANTY
As the conditions or methods of use are beyond our control, Airtech International, Inc. does not assume responsibility for the performance of these materials for any particular use. These materials are sold “as is”. Airtech International Inc. disclaims, and buyer waives, any and all implied warranties, including without limitation the implied warranties of merchantability and of fitness for particular use.
Seller warrants to Buyer that all goods sold to Buyer shall be commercially free from defects in material workmanship.
THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE AND INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS. These warranties shall not apply unless Buyer shall first give Seller reasonable opportunity to investigate all claims for alleged defective goods. The basis for all claims for alleged defects must be fully explained by Buyer in writing within 15 days after Buyer learns or reasonably should have learned of the defects, otherwise, such claims shall be deemed to have been waived by Buyer.
The Seller shall not be liable for consequential loss, damage or expense, installation costs or labor, directly or indirectly arising from the sale, handling or use of the products, or from any other cause relating thereto. The company's sole liability hereunder in any case is expressly limited to the replacement (in the form originally shipped) of products not complying with this warranty or, at the Seller's sole option, to the repayment of, or crediting Buyer with an amount equal to the purchase price of such products, whether such claims are for breach of warranty or negligence. Without limiting the generality of the foregoing, this warranty shall not be applicable unless the products are used solely in the manner and for the purposes intended. This warranty shall be ineffective and shall not apply to goods that have been subjected to misuse, neglect, accident, damage, improper installation or maintenance, or goods altered or repaired by anyone other than Seller or its authorized representative or, if more than 180 days has elapsed from the date of shipment of goods by Seller. If any model or sample was shown to Buyer, such model was used merely to illustrate the general type and quality of the goods and not to warrant that the goods would be of that type of nature. No agent, employee, or representative of the Seller has any authority to bind Seller to any representation, affirmation, or warranty concerning the goods and any such representative, affirmation, or warranty shall not be deemed to have become a part of the basis of the sales contract and shall be unenforceable.
In connection with solicitations of orders for the products, the Seller may render engineering advice and service to Buyer and may, if requested, endeavor to furnish suitable drawings or equipment to be constructed by others. There is no warranty extended by the Seller respecting such advice and such service and without limiting the generality of the foregoing, the Seller assumes no responsibility (1) for the design or construction of Buyer's products (2) that the Buyer's finished product meet any standard.
ONLY PRODUCTS SOLD DIRECTLY FROM AIRTECH OR THROUGH YOUR AUTHORIZED AIRTECH DISTRIBUTOR ARE COVERED BY OUR LIMITED WARRANTY. FOR FURTHER INFORMATION, PLEASE CONTACT AIRTECH INTERNATIONAL, INC.