Seller warrants that the Goods will conform to the description and specifications set forth on the face hereof, subject to those variations and tolerances accepted within the industry that are applicable at the time of manufacture, whether arising by publication or usage of trade. Seller further warrants that it has good title to the Goods transferred, exclusive of purchasers’ property incorporated in the Goods.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. SELLER IS NOT LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND WHATSOEVER, WHETHER ANY CLAIM FOR RECOVERY IS BASED UPON THEORIES OF CONTRACT, NEGLIGENCE OR TORT (INCLUDING STRICT LIABILITY) AND BUYER HEREBY WAIVES, FOR ITSELF AND ITS SUCCESSORS AND ASSIGNS, (1) ANY CLAIM FOR PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND (2) ANY AND ALL CLAIMS OF NEGLIGENCE OR STRICT LIABILITY OR BOTH AGAINST SELLER.
In the event of nonconformity of the Goods or any part thereof, Buyer’s sole and exclusive remedy is, at Seller’s option, repair, replacement or a credit of the purchase price for the nonconforming Goods, plus reimbursement of reasonable freight charges. Buyer recognizes that the provision so this Section are material factor in Seller’s sale of the Goods at the price specified, and agrees that any accommodation to Buyer by Seller, whether for sales policy reasons or otherwise, shall not be taken to establish any liability of Seller or any contract term inconsistent herewith. In no event shall Seller’s liability for any breach or nonconformity exceed the purchase price of the affected Goods.