WARRANTY AND LIMITATIONS OF LIABILITY
(a) Connex Industrial Corporation warrants to the Buyer that its motors are free from defects in materials and workmanship when the motors are operated under normal conditions and in accordance with nameplate characteristic limits. This warranty shall be in effect for a period of 12 months from the date of purchase. In no event will the warranty be in effect more than 24 months from date of manufacture.
(b) Connex Industrial Corp.'s sole obligation under the foregoing warranties is limited to either, at Connex Industrial Corp.'s option, replacing or repairing defective goods (or defective parts thereof) within the warranty period. Under any circumstances, Connex Industrial Corp. shall not be liable for consequential or incidental damages, including, but not limited to personal injury or labor costs. The cost of removal, installation, or re-testing of the new or repaired goods or parts, or any other direct or incidental expenses incurred in shipping the product to and from Connex Industrial Corp. are not covered by the warranty. Replacement goods or parts are warranted for the remainder of the warrant period applicable to the goods originally supplied by Connex Industrial Corp. All claims for allegedly defective goods must be made within 7 days after Buyer learns of such alleged defects. All claims not made in writing and received by Connex Industrial Corp. within such 7 day period shall be deemed waived. With prior approval from Connex Industrial Corp., Buyer shall return a sample of the alleged defective part, freight prepaid, for Connex Industrial Corp.'s inspection, and no other goods shall be returned to Connex Industrial Corp., or Authorized Service Center without Connex Industrial Corp.'s written consent. This warranty does not apply to goods subjected to misuse, abuse, neglect, accident or improper installation or maintenance, incorrect electrical connection, improper power supply, or goods which have been altered or repaired by anyone other than Connex Industrial Corp. or its authorized representative.
Connex Industrial, under any circumstances, will not be responsible for any expense in connection with any repairs made by anyone other than Connex Industrial Corp. or an Authorized Service Center, unless the Connex Industrial Corp. Service and Warranty Department have authorized such repairs in writing.
(d) In the case of motors manufactured or marketed by Connex Industrial Corp., Connex Industrial Corp. warrants only that such products, when shipped, shall be capable of delivering the service rating as indicated in Connex Industrial Corp.'s written documents, including quotations and catalogs or as noted on such products, providing such equipment is properly installed, connected, and maintained, correctly lubricated, operating under normal conditions with competent supervision, and within the load limits and voltage range for which it was sold, and provided further that the equipment is free from critical speed, torsional or other type vibration, no matter how induced;
(e) Buyer must give accurate information of the motors operating conditions when any warranty is claimed. If inaccurate information of application conditions is provided the warranty shall be voided;
(f) If there was any prototype or sample provided to the Buyer, it was used only to illustrate the general type and quality of goods and does not warrant that goods shipped would be of that type or quality;
(g) Unless authorized in writing by a corporate officer or vice president, no agent, employee or representative or Connex Industrial Corp. has any authority to bind Connex Industrial Corp. to any affirmation, representation, or warranty concerning the goods sold under the sales contract and any such affirmation, representation, or warranty has not formed a part of the basis of the bargain and shell be unenforceable;
(h) The foregoing warranties are exclusive and in lieu of all other warranties of merchantability, fitness for a particular purpose and/or any other type, whether express or implied;
(i) Products manufactured and work not performed by Connex Industrial Corp. are warranted only to the extent and in the manner that the same are warranted to Connex Industrial Corp. by Connex Industrial Corp.'s vendors, and then only to the extent that Connex Industrial Corp. is reasonably able to enforce such warranty. In enforcing such warranty, it is understood Connex Industrial Corp. shall have no obligation to initiate litigations unless Buyer undertakes to pay all costs and expenses therefore, including but not limited to Attorney's fees, and indemnifies Connex Industrial Corp. against any liability to Connex Industrial Corp.'s vendors out of such litigation;
(j) The forgoing is Connex Industrial Corp.'s only obligation and buyer's exclusive remedy for breach of warranty. Buyer's 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, consequential, or special damages, nor shall Connex Industrial Corp.'s liability exceed the purchase price of the goods. Any action arising hereunder or related hereto must be commenced within one (1) year after the cause of action occurs or it shall be barred, notwithstanding any statutory period of limitations to the contrary; and
(k) In the event that the Buyer wants to resale of any of the goods, in whatever form, buyer will include the following in a visible place and in a noticeable manner in a written agreement covering such resale:"The manufacturer makes no warranties or representations, express or implied, by operation of law or otherwise, as to the merchantability or fitness for a particular purpose of the goods sold hereunder. Buyer acknowledges that it alone has determined that the goods purchased hereunder will suitable meet the requirements of their intended use. In no event will manufacturer be liable for consequential, incidental, or other damages."
REMEDIES AND LIMITATIONS OF LIABILTY
In the event Buyer claims Connex Industrial Corp. has breached any of its obligations under the Sales Contract, whether of warranty or otherwise, Connex Industrial Corp. may request the return of goods and lender to Buyer, at Connex Industrial Corp.'s option, a replacement shipment of goods. If Connex Industrial Corp. so requests the return of the goods, the goods will be redelivered to Connex Industrial Corp. in accordance with Connex Industrial Corp.'s instructions and at Buyer's expense. Except as herein provided, Connex Industrial Corp. shall have no further obligation under the Sales Contract. The remedies contained in this warranty shall constitute the sole recourse of Buyer against Connex Industrial Corp. for breach of any of Connex Industrial Corp.'s obligations under the Sales Contract, whether warranty or otherwise.
WARRANTY PROCEDURES
1."Connex Electric Motors - Product Registration" card should be completed and mailed to Connex within 30 days from date of purchasing. This card is included in the original package along with the motor.
2."Connex Industrial Corp. - Warranty Claim Report" (PDF) form should be provided within 7 days from date of failure or any defects are found.
3. A copy of original invoice from Connex Inds Corp or copy of invoice from Connex Inds Corp's authorized distributor should be provided
4. Warranty will be applied only after Authorization Number from Connex Industrial Corp. is released.
Failure to comply with all the procedures specified above will void warranty.