Fil-Trek warrants that the items sold hereunder shall be free from defects in material or workmanship for a period of 12 months AFTER START-UP or 18 months AFTER THE DATE OF SHIPMENT from Fil-Trek Corporation or one of its divisions, whichever comes first. This warranty comprises the sole and entire warranty pertaining to items provided hereunder. Fil-Trek makes no other warranties or representation with respect to the products furnished hereunder and disclaims all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose. All other warranties, including but not limited to, merchantability and fitness for purpose, whether express, implied or arising by operation of law, trade usage or of course dealing are hereby disclaimed. Notwithstanding the foregoing, there are no warranties whatsoever on items built or acquired wholly or partially, to buyers designs or specifications.
Fil-Trek Corporation’s liability arising from or in any way connected with the items sold or this contract shall be limited exclusively to repair or replacement of the items sold or refund of the purchase price by buyer, at Fil-Trek Corporation’s sole option. In no event shall Fil-Trek Corporation be liable for any incidental, consequential or special damages of any kind or nature whatsoever, including but not limited to lost profits arising from or in any way connected with this agreement or items sold hereunder, whether alleged to arise from breach of contract, express or implied warranty or in tort, including without limitation, negligence, failure to warn or strict liability. This warranty is void if any of the spare parts are not supplied by Fil-Trek Corporation or one of its divisions.