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C&D Associates, Inc. Statement of Warranty
IN NO EVENT SHALL C&D ASSOCIATES, INC. BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE: however arising, whether in warranty, strict liability, contract, tort, negligence or otherwise, including but not limited to loss of profits or revenue and loss of total or partial use of the products, facilities or services, downtime costs, or claims of Purchaser for such or other damages whether on account of Products furnished hereunder or delays in delivery thereof, of services performed upon or with respect to such Product, C&D Associates, Inc. liability of any claim whether in warranty, strict liability, contract, tort, negligence or otherwise for any loss or damage arising out of, connected with or resulting from the contract or the performance or breach thereof, or from the design, manufacture, sale, delivery, resale, repair, replacement, installation, technical direction of installation, inspection, servicing operation or use price allowable to the product covered by or furnished under the contract shall in no case exceed the purchase price allowable to the Product or part thereof which give rise to the claim. Notice of claims against C&D Associates, Inc. must be made in writing within forty-eight (48) hours of discovery afford C&D Associates, Inc. an opportunity to make a prompt investigation of surrounding facts and mitigate any damage which might ensure, should it be determined to be C&D Associates, Inc. shall constitute a waiver by Purchaser of any right later to assert such a claim. Any cause of action against C&D Associates, Inc. arising out of or relating to the contract or the performance hereof shall expire unless brought to the attention of C&D Associates, Inc. within one year of the time of accrual thereof.
THE FORGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
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