AKSHAY INCORPORATION LIMITED WARRANTY PROVISION
A. Limited Warranties made by Akshay Incorporation (Hereby called as the supplier). The supplier hereby warrants to customer for a period of six (6) months from the date of shipment of a product, that such product will comply with the product specifications set forth on exhibit B hereto.
B. Disclaimer of warranty by supplier. The warranties set forth in paragraph (A) above are in lieu of, and the supplier expressly disclaims, (1) any and all other representations (express or implied, oral or written) with respect to the products or their performance or compliance with regulatory standards, and (2) all other warranties, including without limitation any and all warranties of merchantability fitness or suitability for any use or purpose (whether or not the supplier knows, has reason to know, has been advised, or is otherwise in fact aware of any such use or purpose) or non-infringement.
C. Limitation of customer’s remedies. Customers sole and exclusive remedy with respect to any product which does not conform with the warranty set forth in paragraph (a) above shall be, at the option of the supplier, to either grant to customer a credit of amounts paid for the nonconforming product, or to replace, at the suppliers cost, the non conforming products. To obtain replacement product under this warranty, the customer must notify the supplier of the claimed defect within six months after shipment of product to customer. All freight charges for replacement product shall be paid by customer. The supplier shall have no liability for any injury, loss or damage arising out of the use of or the inability to use the products. In no event whether as a result of breach of contract, warranty, tort (including, without limitation, negligence and strict liability) or otherwise shall the supplier be liable for any special, consequential, incidental, penal or other type of loss or damage (whether or not the supplier knows , has reason to know, has been advised, or is otherwise in fact aware of any such loss or damage may be incurred).
D. All statements, technical information and recommendations contained herein are based on tests the supplier believes to be reliable, but the accuracy or completeness thereof is not guaranteed. Supplier warrants that the products will be free from defects when shipped to customer. Supplier’s obligation under this warranty shall be limited to replacement of product that proves to be defective. BEFORE USING, USER SHALL DETERMINE THE SUITABILITY OF THE PRODUCT FOR ITS INTENDED USE, AND USER ASSUMES ALL RISK AND LIABILITY WHATSOEVER IN CONNECTION THEREWITH. No representation or recommendation not contained herein shall have any force or effect.
The foregoing warranty is exclusive and in lieu of all other warranties, express, implied or statutory, including without limitation any implied warranty of merchantability or of fitness for a particular purpose. In no case shall the supplier will be liable for incidental or consequential damages.
E. As we cannot anticipate or control the many different conditions under which the information and our product may be used, no warranty, express or implied is made. Buyer assumes all risks of use, storage and handling of this product. We make no warranty, express or implied as to the suitability of any of our products for any particular use. For optimal results we recommend testing of the product for compatibility prior to full use in any application.