| This remedy is the exclusive
and sole remedy for any breach of warranty. This warranty is in
lieu of any other warranty of obligation, including a warranty of merchantability
and/or fitness, expressed or implied, and no liability is assumed by GEMCO
except as expressly stated herein. In no event shall GEMCO be liable
for any claims of any kind, including negligence, for any loss or damage
arising out of, connected with, or resulting from a customer's purchase
contract, or from the performance or breach thereof, or from the manufacture,
sale, delivery, resale, repair or use of any goods covered by or furnished
under such contract. GEMCO shall not be responsible for incidental
or consequential damages from any breach of warranty including, but not
limited to customer's, user's or any other person's loss of material or
profits, increased expenses of operation, downtime or reconstruction of
work, and in no event shall GEMCO's obligation exceed the purchase price
for the product involved. GEMCO undertakes no liability and customer
waives any claim for customer's costs in connection with any product recall
or the removal of old and the installation of new or replacement products
or parts. Statements concerning the application and safe use of
products in our literature or labels are guidelines only because we have
no control over the methods of application or conditions of use. Customers
should, therefore, test all products for suitability for their specific
purpose and use and customer assumes all risk and liability. GEMCO
shall be given a reasonable and prompt opportunity to examine and investigate
any products concerning which a claim is made. |
