| | | CERTIFICATE OF WARRANTY PEMBERTON FABRICATORS, INC. FULLY WARRANTS THAT THE PRODUCT SUPPLIED SHALL CONFORM TO THE DESCRIPTION IN THE QUOTATION AND AGREES TO REPAIR OR REPLACE F.O.B. SHIPPING POINTS, ANY PARTS EXCEPTING EXPENDABLE ITEMS WORKMANSHIP WITHIN ONE YEAR OF USE OR 18 MONTHS AFTER SHIPMENT, WHICHEVER OCCURS FIRST. Other than those expressively stated herein, there are no other warranties of any kind, expressed or implied, and specifically excluded but not by way of limitation, are the implied warranties of fitness for particular purpose and merchantability. It is understood and agreed that Pemberton Fabricators, Inc.'s liability whether in contract, in tort, under any warranty, in negligence or otherwise shall not exceed the cost of repair or replacement, f.o.b. shipping points, of defective parts. Under no circumstances shall Pemberton Fabricators, Inc. be liable for special, indirect, incidental, or consequential damages. The price stated for the equipment is a consideration in limiting Pemberton Fabricators, Inc.'s liability. No action, regardless of form, arising out of the transactions of this agreement may be brought by purchaser more than one year after the cause of action has accrued. The warranty for the equipment proposed is as stated in the above paragraphs. It is not re- stated -- nor does it appear in any other form. | | |