Limitation of Liability and Warranty Disclaimers
Caudill Supply will pass on to customer manufacturers’ warranties, if any, with respect to products sold hereunder and will replace or refund the purchase price of any product delivered in a defective condition. This warranty does not extend to any defect, malfunction or failure of a product caused by any unauthorized modification of the product or the misuse, abuse, accident or use of the product in a manner for which it was not intended.
With respect to all products sold, conveyed or delivered to the customer, except as expressly set forth above Caudill Supply does not make and hereby specifically disclaims all warranties, either express or implied, including any implied warranty of merchantability or fitness for particular purposes, conformity to catalog, samples or models and any such other representation or warranty. Customer agrees to accept such products “As Is” and to assume all risks regarding the quality and performance of such products. Customer further agrees as a condition of any sales to customer that Caudill Supply shall in no way be liable to customer for any lost profits or damages of any kind arising out of this agreement of the use of the products, including without limitation, incidental and consequential damages, without regard to the cause or causes thereof or the negligence of Caudill Supply and/or customer even if Caudill Supply has been advised of the possibility of such damage. Customer further agrees that customer’s only remedy against Caudill Supply shall be (I) the replacement of defective goods with the same product or a product of like kind and/or equivalent value or (II) the return of the purchase price, at the sole discretion of Caudill Supply. This shall be the sole and exclusive remedy of customer and not cumulative of any other rights of remedies the customer might have by law, all of which customer hereby waives.
Caudill Supply and customer agree that the foregoing disclaimers of warranty and limitation of liability are “CONSPICUOUS” disclaimers for purposes of applicable law, rule, regulation or order. Some jurisdictions may not allow exclusions of certain implied warranties, so some of the above exclusions may not apply to you.
Pictures and drawings in this catalog are intended for a general description only. Unless specified, they do not represent any specific brand. Original manufactures’ names or stock numbers which may appear in our catalog, brochures or correspondence are there for the purpose of identification only and are not a representation, either expressed or implied that items offered or sold are genuine product of such original manufactures. Every effort will be made to ship the brand identified. However, Caudill Supply reserves the right to ship equivalent or superior product in the event that the brand is not available.
Not responsible for typographical or pictorial errors