LIMITED WARRANTY, DISCLAIMER, AND LIMITATION OF REMEDIES Tappan Wire and Cable, Inc. (TWC), "seller", warrants its products against defects in workmanship and materials for a period of one year from date of purchase. This warranty shall be ineffective and shall not apply to products that have been subjected to misuse or abuse, neglect, accident, damage or improper application, installation or maintenance. Buyer will inspect the products upon delivery and will notify an authorized TWC representative within (7) days in writing of any order errors, defects or shortage in the products from the date products are received by Buyer, otherwise such claims shall be waived. In the event of a defect or other failure not caused by misuse or damage to the product, Tappan will, at its option, repair or replace the product or refund the purchase price. To obtain warranty performance, return all disputed product to the sales representative from whom it was purchased. Tappan's sole obligation under these warranties will be limited to either, at Tappan's option and expense, repairing or furnishing a replacement F.O.B first point of shipment for the products or parts thereof which Seller reasonably determines do not conform with these warranties, and Buyer's exclusive remedy for breach of any such warranties will be enforcement of such obligation of TWC. Only an officer of TWC has the authority to bind TWC to any representation, affirmation or warranty concerning the products and any such representation, affirmation, or warranty shall not be deemed to have become part of the basis of this sales contract and shall be unenforceable. Seller will perform the services in accordance with Seller's customary procedures. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE AND OF ANY OTHER TYPE, WHETHER EXPRESSED OR IMPLIED. IN ADDITION, TAPPAN'S WARRANTIES HEREIN SHALL NOT BE ENLARGED BY, AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF, SELLER'S RENDERING OF ANY TECHNICAL ADVICE OR SERVICE IN CONNECTION WITH THE PRODUCTS OR OTHERWISE, UNLESS AGREED TO IN WRITING. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INCIDENTIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, nor shall Seller's liability on any claims for damages arising out of or connected with the sales contract or the manufacture, sale, delivery or use of the products exceed the purchase price of the products and/or services. Seller shall not be liable for any failure to perform its obligations under the sales contract resulting directly or indirectly from or contributed to by circumstances beyond Seller's reasonable control. For Tappan Wire & Cables full Terms & Conditions, please consult your Tappan Representative, or consult our website, www.tappanwire.com "Sales Support Section, Terms & Conditions".
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