Subject to the limitations contained below, and except as otherwise expressly provided herein, Bay Controls, LLC (hereinafter “Bay”) warrants to the Buyer that all tangible articles supplied by Bay or services provided by Bay will be free of defects in materials or workmanship under normal use and care until the expiration of the applicable warranty period. Goods are warranted for five (5) years from the date of purchase.
If Buyer discovers any defects and notifies Bay thereof in writing during the applicable warranty period, Bay shall at its option promptly correct, repair, or replace F.O.B. point of manufacture that portion of the good found by Bay to be defective, or refund the purchase price of the defective portion of the goods/services.
All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources, unsuitable environmental conditions, accident, misuse, improper installation, modification, repair, storage or handling, or any other cause not the fault of Bay are not covered by this limited warranty, and shall be at Buyer’s expense. Bay shall not be obligated to pay any costs or charges incurred by Buyer except as may be agreed upon in writing in advance by an authorized Bay representative. Goods repaired and parts replaced during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days, whichever is longer.
THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO ANY GOODS OR SERVICES.
Limitation On Liability
THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY HEREUNDER SHALL BE LIMITED TO REPAIR, CORRECTION, REPLACEMENT OR REFUND OF PURCHASE PRICE AS PROVIDED UNDER THE FOREGOING LIMITED WARRANTY. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHERWISE), SHALL BAY CONTROLS, LLC, (HEREINAFTER “BAY”) LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PRICE TO THE BUYER OF THE SPECIFIC GOODS SUPPLIED OR SERVICES PROVIDED BY BAY GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT SHALL BAY’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS INCLUDE “CONSEQUENTIAL DAMAGES”. FOR THIS PURPOSE, “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS, LOSS OF USE, LOSS OF REVENUE AND LOSS OF CAPITAL.
In the event that the owner allows the BAYweb device to be serviced or repaired by unauthorized personnel, the coverage of the original warranty policy will be automatically terminated.