Quabbin Wire & Cable Co., Inc. (Seller) warrants only that its products are free from defects in material and workmanship for one year from date of sale. Seller makes no other warranty, either expressed or implied, with respect to its products or in connection with services offered or performed in connection with them, including without limitation any warranty of merchantability or fitness for any particular purpose or use, either alone or in conjunction with other products or equipment.
Seller’s sole responsibility under this warranty shall be to repair or replace its product or return the amounts paid to it by the Customer with respect to any defective product, the choice of such remedy to be at Seller’s discretion provided (a) the product failed during normal, intended and proper use; (b) the failure is not attributable to improper or unauthorized application, storage, handling, modification or installation; (c) immediate written notice is provided of such failure to Seller; and (d) Seller is given the reasonable opportunity to inspect the failed product. The remedy set forth in this paragraph is the sole and exclusive remedy.
Customer assumes the risk of all liabilities disclaimed by Seller and all damages alleged in excess of the amount of the limited remedy provided hereunder and Customer agrees not to take legal action against Seller for special, incidental, consequential, indirect, or punitive damages, including damages for loss of profits and including any damages in connection with the use or inability to use any of Seller’s products.
