HYCO, INC.
CLAIMS, WARRANTIES, DEFECTIVE MERCHANDISE
We warrant the merchandise furnished by us to
be free from defect in material and workmanship. No
other warranty, express or implied, whether of fitness,
merchantability or of any other kind, shall exist, all such
warranties being waived by Buyer. Upon receipt of
notice of any claim by the Buyer for defects in
workmanship or material, we shall have the option, to be
exercised immediately, either of inspecting any allegedly
defective merchandise in the Buyer's hands or of
requesting its return to us. We will, at our option either
repair, replace or give Buyer proper credit for
merchandise determined by us to be defective. Such
repair, replacement, or credit shall constitute our sole
obligation under this warranty, and we shall not be liable
for damages or losses resulting directly or indirectly from
the use, or resale by Buyer, of defective merchandise,
nor shall we be liable in any way with respect to
merchandise which has been further processed. In the
event any liability shall be imposed on us by law for our
negligence, if any, in the production or delivery of the
items covered by this Agreement, the damages
recoverable in such case by Buyer, or anyone claiming
through Buyer, shall in no event exceed damages
sustained by Buyer on account (1) of bodily injuries, and
(2) physical injury to or destruction of property. In no
event shall we be liable for loss by Buyer, its customers
or the users of its products, of the use of any equipment,
physically injured or destroyed or for any loss of revenue
or profits resulting from damage to such equipment.
56
