Limited Warranty and Terms
All sales by Andover Corporation (“Andover”) of Products shall be subject to the following Limited Warranty and other terms and conditions contained herein:
LIMITED WARRANTY – Andover warrants that all Products shall conform to the Product specifications and shall be free from defects in materials and workmanship for a period of one year from date of purchase. This Limited Warranty shall not apply in the event of any failure caused by accident, misuse, neglect, alteration or improper installation or repair by the Purchaser.
DISCLAIMER OF OTHER WARRANTIES – THE LIMITED WARRANTY SET FORTH ABOVE IS IN PLACE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND ANDOVER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MECHANTIBILITY AND FITNESS FOR A PARTICLUAR PURPOSE. SPECIFICALLY, IT IS THE PURCHASER’S RESPONSIBILITY TO TEST AND DETERMINE THE SUITABILITY OF THE PRODUCTS FOR PURCHASER’S INTENDED USE WHICH SHALL BE THE SOLE RESPONSIBILITY OF THE PURCHASER.
LIMITATION OF REMEDIES AND DAMAGES - Andover’s sole obligation and the Purchaser’s sole and exclusive remedy under the Limited Warranty set forth above shall be limited to (a) replacement of defective Products provided that written claim of the defect is sent to Andover within the Limited Warranty Period, the original product is returned with transportation prepaid, and Andover’s inspection establishes the existence of such defect; or (b) in the sole discretion of Andover, return of the original purchase price received by Andover from the Purchaser.
Andover shall in no event be liable for any damages, including without limitation, lost profits, incidental or consequential damages by reason of or in connection with the purchase or use of the Products.
INDEMNIFICATION – The Purchaser agrees to indemnify and hold Andover harmless from and against any claim, loss, cost or expense resulting from Purchaser’s use of the Products, whether such claim arises in contract, tort or otherwise.
GOVERNING LAW – All matters arising under this Limited Warranty and other terms and conditions of sale shall be governed by the laws of the State of New Hampshire. The Purchaser consents to the exclusive jurisdiction of the courts of the State of New Hampshire in all matters relating to the purchase, sale and use of the Products.