CARL J BUSH COMPANY (“CJB”) warrants the products and parts it manufacturers (“CJB Products and Parts”) against defects in material and workmanship under normal use and conditions for the lesser of eighteen (18) months from the date of shipment or twelve (12) months from the date of installation (the “Warranty Period”). This warranty does not apply to repairs or replacement necessitated by any cause beyond the control of CJB including, but not limited to any malfunction, defects or failures which, in the opinion of CJB, are caused by or
resulting from: faulty installation; unauthorized service or parts; Buyer’s faulty or negligent assembly of components; the negligence of Buyer or its employees or agents; any alteration or modification of CJB Products or Parts; over-loading: incorrect electrical connections; use under abnormal operating conditions, misapplication of CJB Products or Parts; improper maintenance; operation contrary to furnished instructions; shipping or transit accidents; modification or repair by Buyer; abuse; misuse; neglect; accident; fire, flood, or other acts of God; incorrect line voltage; or normal wear and tear. Expenses incurred by Buyer in repairing or replacing any defective CJB Products or Parts will not be paid by CJB unless authorized in advanced in writing signed by an authorized officer of CJB.
In the event a defect in material or workmanship relating to CJB Products or Parts is found during the warranty period, buyer shall immediately notify CJB and request a written return authorization for the allegedly defective material. Return of such material shall be at the buyers’ sole cost and expense (all shipping and transportation expenses to be paid by the buyer). CJB assumes no responsibility for any material returned to its plant without written authorization of an officer of CJB.
The Warranty contained herein is in lieu of all other warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Buyer agrees that CJB liability and Buyer’s sole and exclusive remedy pursuant to any claim of any kind, including but not limited to a claim in contact, tort, negligence or strict liability shall be, at CJB option, the repair, replacement of, or award of a credit from CJB to Buyer in the amount of the original purchase price for, any CJB Product or Part which is determined by CJB to be defective. Under no circumstances shall CJB or any of its affiliates have any liability whatsoever for any compensatory, punitive, special, indirect, incidental or consequential damages, including, without limitation, lost profits or revenues, loss of use, lost production or claims of third parties against Buyer, even if CJB has been advised of the possibility of such damages.
Concerning products or parts furnished by, but not manufactured by CJB, such as motors, CJB expressly limits its liability to any warranties extended by the manufacturer of such product or part, which CJB will pass through to Buyer.