Warranty; Limitation of Remedies and Damages; Returns Seller warrants that at the time of shipment the Products will be of the stated quality. THIS WARRANTY IS EXCLUSIVE, AND SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SELLER DISCLAIMS ALL WARRANTIES THAT MAY OTHERWISE ARISE AS A RESULT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. The Buyer must inspect Products immediately on receipt and if a Product fails to conform to the express warranty under this Section, Buyer must promptly notify Seller. Seller's liability and Buyer's sole and exclusive remedy hereunder will be limited to replacement of such Products or credit for such Products, at Seller's option, with respect to Products found by Seller in its sole discretion to be defective and returned to Seller at Buyer's expense within thirty (30) days of receipt of such Products. Products may not be returned without Seller's express authorization. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR TO ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LIQUIDATED, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR CLAIMS FOR LOST PROFITS, LOST TIME, LOST REVENUE, OR LOSS OF USE ARISING FROM THE SALE OR USE OF THE PRODUCTS OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY, NEGLIGENCE OR OTHERWISE, AND EVEN IF SELLER IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SELLER’S LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL OF THE AMOUNTS PAID BY BUYER FOR THE PRODUCTS GIVING RISE TO BUYER'S CLAIM.
The Buyer shall inspect goods immediately on receipt and inform the Seller of any shortage, damage or quality problem within 5 days. If the Buyer fails to do so, such Products shall conclusively be deemed to conform to the terms and conditions hereof and to have been irrevocably accepted by the Buyer.
All returns must be authorized by the Seller and may be subject to a restocking charge of 20%. All items approved for return must be in unused and resalable condition. They must be returned within 30 days of Buyer's receiving them. Buyer must include with each return a copy of the Seller's invoice, Seller's return authorization number, and the reason for the return.
Seller cannot accept for return any opened chemicals or items provided by the Seller on a "Special Order"