Section 8. Warranties. (a) Seller warrants to Purchaser that for a period of one (1) year from the date of shipment from seller’s facility (“Warranty Period”), that such Goods will be free from material defects in material and workmanship and the Goods shall be fit for the particular purpose of general canning. This warranty is non-transferable. Seller warrants that the goods are delivered free of the rightful claim of any third person by way of infringement or the like but where Purchaser furnishes specifications, Purchaser holds Seller harmless against any such claim which arises out of compliance with the specifications. Warranty includes parts and labor except wearable parts. Wearable parts include, but are not limited to: tubing and connectors, fill head gaskets, blades, rotary cam, seamer springs, seamer bearing, and o-rings. Where individual component parts are warranted by the original equipment manufacturer these warranties will be deemed transferred to Purchaser by Seller. Seller warrants that services furnished under this agreement will be free from defects in workmanship for a period of ninety (90) days from the completion of the services. Any non-functioning parts that are repaired by Seller shall be returned to the Seller if requested. If Purchaser refuses Seller’s installation, all warranties are void. Any unauthorized access to machine software with a service level password will void warranty. EXCEPT FOR THE FOREGOING WARRANTY ABOVE, SELLER MAKES NO WARRANTY EITHER ORALLY OR WRITTEN AND EXPRESSLY DISCLAIMS ANY WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY; WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WARRANTY OF TITLE; OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. PURCHASER ACKNOWLEDGES THAT THE CONSIDERATION PAID TO SELLER REFLECTS SELLER’S INABILITY AND UNWILLINGNESS TO PROVIDE THE WARRANTIES DISCLAIMED.
(b) The Seller shall not be liable for a breach of the warranty set forth in Section 7 unless: (i) Purchaser gives written notice of the defect, reasonably described, to Seller within ten (10) days of the time when Purchaser discovers or ought to have discovered the defect; (ii) Seller is given a reasonable opportunity after receiving the notice to examine such goods and Purchaser (if requested to do so by Seller) returns such goods to Seller’s place of business at Seller’s cost for the examination to take place there; and (iii) Seller reasonably verifies Purchaser’s claim that the goods are defective.
(c) The Seller shall not be liable for a breach of the warranty set forth in Section 7 if: (i) Purchaser makes any further use of such goods after giving such notice; (ii) the defect arises because Purchaser failed to follow Seller’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods; or (iii) Purchaser alters or repairs such goods without the prior written consent of Seller.
(d) With respect to any such goods during the Warranty Period, Seller shall, in its sole discretion, either: (i) repair or replace such goods (or the defective part) or (ii) credit or refund the price of such goods at the pro rata contract rate provided that, if Seller so requests, Purchaser shall, at Seller’s expense, return such goods to Seller.