Lion Precision warrants the Products to be free of material defects in materials and workmanship for a period of two (2) years from the date of shipment. Any Products Customer believes to be in violation of this warranty must be shipped to Lion Precision with all shipping costs paid by Customer or offered to Lion Precision for inspection and examination within said two (2) year period. Upon Lion Precision’s examination and if a material defect is found, Lion Precision will, at its sole option, refund the purchase price of, or repair or replace at no charge to Customer, any Products. This limited warranty does not apply to any defects resulting from any action of Customer, including, without limitation, improper installation, interfacing, or repair; unauthorized modification; misapplication; or mishandling (including, without limitation, exposure to excessive current, cold, heat, moisture, outdoor air, or moisture). If no material defect is found upon examination or a Product is not for some other reason within this limited warranty’s coverage, Lion Precision’s service time expended on and off-site will be charged to Customer at Lion Precision’s then standard hourly rates. If an examined Product is found by Lion Precision to be defective due to Lion Precision’s application, Lion Precision’s obligation shall be limited to providing remedial service to repair the defect or, at Lion Precision’s option, to refund the amount of the purchase price paid for the Product to the extent that the Product is damaged or defective and such damage or defect is subject to Lion Precision’s limited warranty. No other remedy exists. Lion Precision will have no further warranty obligation under the Contract if the Product is subjected to abuse, misuse, negligence or accident or if Customer fails to perform any of its duties or responsibilities set forth herein. IT IS UNDERSTOOD AND AGREED THAT LION PRECISION’S LIABILITY, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE, OR OTHERWISE, SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE CONTRACT PRICE PAID BY CUSTOMER FOR THE DEFECTIVE PRODUCT, AND UNDER NO CIRCUMSTANCES SHALL LION PRECISION BE LIABLE TO ANY PERSON OR ENTITY FOR ANY CONSEQUENTIAL, DIRECT, EXEMPLARY, INCIDENTIAL, INDIRECT, PUNATIVE SPECIAL, OR STATUTORY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION, DATA, OR PROFITS, THE COST OF PROCURING SUBSTITUTES GOODS OR SERVICES, OPPORTUNITY COSTS, OR FOR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE USE OF INABILITY TO USE THE PRODUCTS EVEN IF LION PRECISION WAS ADVISED OF A POSSIBLE CLAIM FOR SUCH DAMAGES. THE PRICE STATED FOR THE PRODUCT OR LION PRECISION’S WORK IS A CONSIDERATION IN SO LIMITING LION PRECISION’S LIABILITY. Failure to give notice of a warranty claim as specified herein shall constitute a waiver by Customer of all claims of Customer. Customer expressly indemnifies Lion Precision for any consequential damages, third party liability, complications, or claims resulting from the Work.
Disclaimer of Unstated Warranties. THE LIMITED WARRANTY PRINTED ABOVE IS THE ONLY WARRANTY APPLICABLE TO THE CONTRACT AND THE TRANSACTIONS BETWEEN LION PRECISION AND CUSTOMER. LION PRECISION MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY GENERAL OR PARTICULAR PURPOSE, AND NON -INFRINGEMENT OF PROPRIETARY RIGHTS, AND ALL SUCH AND OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED. 20. Obligations Upon Transfer. If Customer delivers, sells, or transfers any of the Products to any third party, Customer shall provide such third party with a copy of these Terms & Conditions and all specifications, manuals, and written information provided to Customer pertaining to the Products.