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LIMITED WARRANTY
In
the event that any product or part thereof sold by TANDEMLOC to
Purchaser is determined by TANDEMLOC to be defective within the
first twelve (12) months following purchase, TANDEMLOC agrees to
either repair or replace said product or part thereof or to refund
the purchase price of said product or part thereof to Purchaser.
This is a LIMITED warranty, which terminates twelve (12)
months following purchase of said product or part thereof. No
other form of warranty is extended to cover said product or part
thereof. Specifically, Purchaser and TANDEMLOC, their successors
and assigns, expressly agree that the remedies provided in this
section are the Purchaser's exclusive remedies in connection with
the purchase, operation or use of the product or part thereof.
ALL
OTHER WARRANTIES, INCLUDING EXPRESS WARRANTIES AND THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE HEREBY DISCLAIMED. PURCHASER HEREBY WAIVES ALL OTHER
WARRANTIES, RIGHTS AND REMEDIES ARISING BY LAW OR OTHERWISE
INCLUDING, BUT NOT LIMITED TO, EXPRESS WARRANTIES, THE IMPLIED
WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTIES ARISING FROM
COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, AND
IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO
WARRANTIES, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE
HEREOF. ALSO, TANDEMLOC DISCLAIMS ALL LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES INCLUDING ATTORNEY FEES IN CONNECTION WITH
SAID PRODUCT OR PART THEREOF. ADDITIONALLY, TANDEMLOC HEREBY
DISCLAIMS ANY OF ITS OBLIGATIONS OR LIABILITIES ARISING FROM
STATUTE, CONTRACT, TORT OR NEGLIGENCE WITH REGARDS TO SAID PRODUCT
OR PART THEREOF.
Complete Agreement:
This warranty between Purchaser and TANDEMLOC represents the
entire agreement between Purchaser and TANDEMLOC. All prior or
contemporaneous discussions, representations and/or understandings
are merged into this Warranty and may only be amended or modified
by a writing signed by all parties.
Choice of Law:
Any dispute about the interpretation of this Warranty shall he
governed by the laws of the State of North Carolina.
Resolution of Disputes:
Purchaser and TANDEMLOC expressly agree that duly dispute arising
as a result of the purchase, use or operation of the purchased
product or part thereof shall, upon written notice to the other
party, be resolved through binding arbitration. The location of
any such arbitration shall be Havelock, North Carolina. The
substantive laws of tile State of North Carolina shall govern the
arbitration to the extent that they are not in conflict with the
then existing rules of The American Arbitration Association. In no
event shall TANDEMLOC be liable for incidental or consequential
damages or attorney fees and costs as part of die arbitration
award. The award, decision or filing rendered by die arbitrator
shall be final, and judgment may be entered upon it in accord nice
with the applicable law in any court having appropriate
jurisdiction.
Severability:
The invalidity or unenforceability for any reason of any
particular provision or provisions of this Limited Warranty shall
not affect the other provisions hereof, and the Limited Warranty
shall be construed in all respects as if such invalid an
unenforceable provisions were omitted.
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