Multiquip ("MQ") solely and expressly warrants that for 12 months from the date of purchase its First Polish and Slab Armor products shall be free from defects in materials and workmanship, but only to the extent that the product is properly installed by applicators in accordance with its product literature and in strict compliance with the installation information and instructions in the product literature and label(s). The buyer must examine the product when received and promptly notify MQ in writing of any non-conformity before the product is used and no later than 30 days after such non-conformity is first discovered. If any First Polish or Slab Armor product fails to conform to this warranty, buyer's sole and exclusive remedy shall be replacement of the defective product at no cost to the buyer. Unless authorized in writing signed by an officer of MQ, no other representations or statements made by MQ or its representatives, in writing or orally, shall alter this warranty.
THE ABOVE WARRANTY AND REMEDY (i) ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES WHATSOEVER, EXPRESS OR IMPLIED, EACH OF WHICH ARE EXPRESSLY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ORDINARY OR PARTICULAR PURPOSE(S), USAGE OF TRADE AND NON-INFRINGEMENT AND (ii) SET FORTH THE ENTIRE OBLIGATION OF MQ.
MQ SHALL NOT BE SUBJECT TO AND HEREBY DISCLAIMS: (i) ANY OBLIGATIONS OR LIABILITIES ARISING FROM BREACH OF THE ABOVE WARRANTIES, OTHER THAN THE EXCLUSIVE REMEDY EXPRESSLY SET FORTH HEREIN; (ii) ANY OBLIGATIONS OR LIABILITIES ARISING FROM TORT CLAIMS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO SUCH PRODUCTS, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO; AND (iii) ANY AND ALL CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, CONTINGENT, SPECULATIVE AND SIMILAR DAMAGES.
Any warranty claim must be (i) in writing and received by MQ within 60 days from the date of the claimed breach of the warranty (ii) that occurred within the 12 month warranty period. Product demonstrations, if any, are for illustrative purposes only and do not constitute a warranty or warranty alteration of any kind. Buyer shall be solely responsible for determining the suitability of such MQ products for the buyer's intended purpose(s).