Chromalox warrants its Products against defects in material and workmanship for at least one (1) year (three (3) years on some controls) from the date of delivery, provided such Product is properly applied, used and maintained. Refer to the express written warranty time period for each individual Product or contact the relevant Chromalox plant for such warranty time period information. Chromalox does not warrant any Product against damage from corrosion, contamination, misapplication, improper specification or wear and tear and operational conditions beyond Chromalox's control. The terms of this Warranty are the exclusive terms available to Buyer and to any other person or entity to whom Products are transferred during the period of this Warranty. No person has authority to bind Chromalox to a representation or warranty other than this express Warranty. Chromalox shall not be liable for incidental or consequential damages resulting from the use of Products whether a claim for such damages is based upon warranty, contract, negligence or other cause of action. Should any Product fail while subject to this Warranty, such Product shall be repaired or a substitute Product shall be provided, at Chromalox's option, at no charge to Buyer or to any other person or entity to whom Product is transferred during the period of this Warranty. Chromalox must be notified of the alleged failure of Product within thirty (30) days of such event and advanced authorization for repair or replacement must be obtained in writing from Chromalox. THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, AND ALL OTHER SUCH WARRANTIES ARE SPECIFICALLY EXCLUDED. THE CORRECTION OF ANY DEFECT IN OR FAILURE OF PRODUCTS BY REPAIR OR REPLACEMENT TO THE EXTENT SET FORTH ABOVE, SHALL BE Chromalox'S LIMIT OF LIABILITY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL LOSSES, DELAYS OR DAMAGES RESULTING FROM THE PURCHASE OR USE OF THE PRODUCTS. IN NO EVENT SHALL Chromalox BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Chromalox SHALL NOT BE LIABLE FOR, AND BUYER AND ANY OTHER PERSON OR ENTITY TO WHOM PRODUCTS ARE TRANSFERRED DURING THE PERIOD OF THIS WARRANTY ASSUMES RESPONSIBILITY FOR, ALL PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM OR RELATED TO THE HANDLING, POSSESSION OR USE OF PRODUCTS AND PRODUCTS MANUFACTURED AND SOLD BY Chromalox HEREUNDER.
