Limited Warranties
Force 10 Brakes warrants that goods sold by it shall be free from defects in material and workmanship, and shall conform to all applicable specifications and drawings. Force 10 Brakes liability, whether based on breach of warranty of contract or negligence in manufacturing, shall by limited to replacement or repair (at Force 10 Brakes inspection) of the defective or nonconforming goods, or (at Force 10 Brakes election) refund of the purchase price. This warranty shall apply, and Force 10 Brakes shall be liable for replacement, repair, or refund, only if the buyer has given Force 10 Brakes written notice of the defect or nonconformity within 14 days after the delivery of goods to buyer. Force 10 Brakes assumes no liability over the results of the use of any goods purchased from Force 10 Brakes including, without limitation, their use in combination with other components, assemblies or products, or their suitability for a particular environment. The foregoing constitutes the sole and exclusive warranty of Force 10 Brakes and the sole and exclusive remedy of the buyer, and is in lieu of all other warranties, expressed or implied, as to merchantability, fitness for the purpose sold, description, quality, or any other matter. Without limiting the foregoing, Force 10 Brakes shall in no way be liable for loss of use or profit, or for other collateral, special or consequential damages. Any warranty given by any other manufacturer or supplier of goods sold or of component parts thereof is assigned by Force 10 Brakes to the buyer to the extent permissible under law and terms of such warranty.
