Brush One does not give any warranty on its products, except as follows:
Brush One warrants to original equipment manufacturers, distributors and industrial and commercial users of its products that each new product which it manufactures or supplies is free from defects in material and workmanship. Its sole obligation under this warranty is limited to furnishing, without additional charge, a replacement for, or, at our option, repairing or issuing credit for such product which shall, within 30 days from the date of sale by Brush One Inc., be returned freight prepaid to the plant designated by an Brush One Inc. representative and which, upon inspection, is determind by Brush One to be defective in materials or workmanship. The provisions of this warranty shall not apply to any product which has been subjected to misuse, improper operating conditions, machine setup or which has been repaired or altered, if such would adversely affect performance of the product. Complete written information with respect to all such matters must be furnished to Brush One as a prerequisite to its consideration of any claim or complaint under this warranty. The repair, replacement or issuance of credit for parts provided for this warranty constitutes the Buyer's EXCLUSIVE REMEDY.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Brush One shall have no liability or reponsibility on any claim of any kind, whether in contact, tort or otherwise, for any loss or damage arising out of, connected with or resulting from the manufacture, sale, delivery or use of any product sold hereunder, in excess of the cost of replacement or repair as provided herein. IN NO EVENT SHALL BRUSH ONE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Brush One makes no other warranty, express or implied, except as set forth above, and Brush One neither assumes nor authorizes any other person or entity to assume for it any other obligation or liability in connection with any of its products.