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CIR-MR

UL SEOT2 Cartridge Heater Seal

WARRANTY AND LIMITATION OF REMEDY AND LIABILITY

Chromalox warrants only that the Products and parts by Chromalox, when shipped and the work performed by Chromalox when performed, willmeet all applicable specification and other specific product and work requirements (including those of performance), if any, and will be free fromdefects in material and workmanship under normal condition of use. All claims for defective or nonconforming (both hereinafter called defective)Products, parts or work under this warranty must be made in writing immediately upon discovery, and in any event, within one (1) year fromdelivery, provided, however all claims for defective Products and parts must be made in writing no later than eighteen (18) months after shipmentby Chromalox. Defective and nonconforming items must be held for Chromalox's inspections and returned tot he original f.o.b. point uponrequest. THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIED WHATSOEVER EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.Not withstanding the provisions of this WARRANTY AND LIMITATION Clause, it is specifically understood that Products and parts notmanufactured and work not performed by Chromalox are warranted only to the extent and in the manner that the same are warranted toChromalox by Chromalox's vendors, and then only to the extent that Chromalox is reasonably able to enforce such warranty, it being understoodChromalox shall have no obligation to initiate litigation unless Buyer undertakes to pay all expenses therefor, including but limited to attorney’sfees, and indemnifies Chromalox against any liability to Chromalox's vendors arising out of such litigation.THE FOREGOING IS CHROMALOX'S ONLY OBLIGATION AND BUYERS EXCLUSIVE REMEDY FOR BREACH OF WARRANTY, ANDIS BUYERS EXCLUSIVE REMEDY AGAINST CHROMALOX FOR ALL CLAIMS ARISING HERE UNDER OR RELATING HERETO WHETHER SUCHCLAIMS ARE BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES, BUYERS FAILURE TO SUBMIT A CLAIM AS PROVIDED ABOVE SHALL SPECIFICALLY WAIVE ALL CLAIMS FOR DAMAGES OR OTHER RELIEF, INCLUDING BUT NOT LIMITED TO CLAIMS BASED ON LATENT DEFECTS. IN NO EVENT SHALL BUYER BE ENTITLED TO INCIDENTAL, OR CONSEQUENTIAL DAMAGES AND BUYER SHALL HOLD CHROMALOX HARMLESS THEREFROM ANY ACTION BY BUYER ARISING HERE UNDER OR RELATING HERETO, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY)OR OTHER THEORIES, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF SHIPMENT OR IT SHALL BE BARRED. PDS CIR-MRNovember 03

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