Except as specified below, products sold hereunder shall be free from defects in materials and workmanship and shall conform to Westboro’s published specifications or other specifications accepted in writing by Westboro for a period of two (2) years parts and labor. The foregoing warranty does not apply to any products which have been subject to improper installation, repair (other than by Westboro), misuse, neglect, accident or modification or alteration. Westboro shall make the final determination as to whether its products are defective. Westboro’s sole obligation for products failing to comply with this warranty shall be, at its option, to either repair, replace or issue credit for the nonconforming product where: on or prior to the expiration of the warranty period Westboro has received written notice of any defect or nonconformity; (ii) after Westboro’s written authorization, Purchaser has returned the defective or nonconforming product to Westboro’s facilities in Ottawa, Ontario; and (iii) Westboro has determined that the product is defective or nonconforming and that such defect or nonconformity is not the result of improper installation, repair (other than repair by Westboro), misuse, neglect, accident or modification or alteration. The Purchaser shall be responsible for delivery of products returned to Westboro at Purchaser’s own expense and risk and shall prepay return shipping charges and insure the shipment or accept the risk of loss or damage during shipment. THE FOREGOING WARRANTY AND REMEDIES ARE EXCLUSIVE AND MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WESTBORO DOES NOT ASSUME OR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH ITS PRODUCTS. All product returned under warranty shall be accompanied by a Returned Material Authorization (“RMA”) number which number must be clearly visible on the outermost package of the returned product. The RMA number is obtained by contacting Westboro prior to return of such product. Returned product without an RMA number will not be accepted by Westboro.
Mission Critical Disclaimer: Westboro does not warrant that Purchaser’s use of its products will be error free or that its products will not be subject to failure. The products of Westboro are not designed for use in: mission critical applications; in applications where error or non-performance might lead to catastrophic consequences including injury, death or property damage; or in applications where there is no design redundancy and periodic system verification protocols to verify system and component operation and failure.
Limited Liability: IN NO EVENT SHALL WESTBORO BE LIABLE FOR GENERAL OR SPECIFIC DAMAGES OTHER THAN THE COST OR REPLACEMENT OF PRODUCT SUPPLIED. IN NO EVENT SHALL WESTBORO BE LIABLE FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHER GENERAL OR SPECIFIC DAMAGES OR ANY LOSSES OR EXPENSES SUFFERED BY THE PURCHASER OR ANYONE ELSE, WHETHER OR NOT WESTBORO, OR ITS EMPLOYEES, OFFICERS, OR AGENTS, HAS BEEN INFORMED OF THE RISK OF SUCH LOSS OR EXPENSE AND WHETHER OR NOT SUCH LOSSES OR EXPENSES WERE FORESEEABLE AND WHETHER OR NOT SUCH DAMAGES OR LOSSES OR CLAIMED UNDER ANY THEORY OF LAW OR UNDER CONTRACT, STATUTE, TORT, IMPLIED DUTIES OR OTHERWISE OR DIRECTLY OR INDIRECTLY RELATED TO THE SUPPLY OF PRODUCT OR THIS AGREEMENT. THE AGGREGATE LIABILITY OF WESTBORO IN ANY WAY RELATING TO A SUPPLY OF PRODUCTS, IN ANY OCCURRENCE OR SERIES OF OCCURRENCES, SHALL BE LIMITED TO THE CONTRACTUAL VALUE OF THE PRODUCTS SUPPLIED IN THE PURCHASE ORDER.