Southeast Military Parts, L.L.C. (SMP) warrants that goods sold
by it shall be free from defects in material and workmanship and
will conform to applicable specifications and drawings. SMP liability
whether based on breach of warranty or contract or negligence in
manufacture, shall be limited to replacement or repair (at SMP’s
election) of the defective or nonconforming goods, or (at SMP’s
election) refund of the purchase price thereof. This warranty shall
apply, and SMP shall be liable for replacement, repair or refund,
only if Buyer has given SMP written notice of the defect or nonconformity
within 90 days after delivery of such goods to Buyer. SMP assumes
no liability for results of the use of goods purchased from SMP,
including, without limitation, their use in combination with other
components, assemblies or products, or their suitability or unsuitability
for a particular use or a particular environment. SMP makes no warranty
of merchantability as to goods designated as seconds, goods otherwise
designated as not of first quality, or goods identified to Buyer
as being of foreign origin. THE FOREGOING CONSTITUTES THE SOLE AND
EXCLUSIVE WARRANTY OF THE SMP COMPANY AND THE SOLE AND EXCLUSIVE
REMEDY OF THE BUYER, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR THE PURPOSE SOLD,
DESCRIPTION, QUALITY OR ANY OTHER MATTER. WITHOUT LIMITINGTHE FOREGOING,
SMP SHALL IN NO EVENT BE LIABLE FOR LOSS OF USE OR PROFIT, OR FOR
OTHER COLLATERAL, SPECIAL OR CONSEQUENTIAL DAMAGES. Any warranty
given by any other manufacturer or supplier of goods sold or of
component parts thereof is assigned by SMP to the Buyer to the extent
permissible under law and the terms of such warranty
RESTOCKING FEE
Any parts returned without authorized approval will be charged
a 20% (twenty) restocking fee.
|