WARRANTIES AND DISCLAIMERS
expressly warrants to the “Buyer” for whom it manufactures, sells and delivers
product made of magnetic materials will conform to specifications and drawings
as published within the product catalog. Buyer specifications that have not
been approved by the International Electronic Commission shall be considered as
a custom product, and will be warranted by TSC International for the buyer in a
separate written agreement.
There are no other express
or implied warranties which extend beyond the above-referenced warranty of
conformity to the specifications and specifically, TSC International does not
warrant that any product will be merchantable or fit for the particular purpose
for which the purchaser, it successors, agents, assigns or affiliates, intends
to use such product.
Buyer shall notify TSC
International in writing (and reasonable detail) of any defect in any product
within thirty (30) days after the delivery date thereof. If products do not
conform to the specification, buyer’s remedy shall be limited, at TSC
International’s sole discretion, to either (1) The return of such product in
exchange for the return of or credit for any payment received by TSC
International relating thereto; (2) The replacement of such product; or (3) The
repair of such product. TSC International shall pay for all reasonable shipping
costs incurred in connection with the return, replacement or repair of any
defective product. Solution to resolve defective product shall be within (60)
days after receipt of written notice from buyer of such defect.
TSC International shall not be liable for any incidental or consequential loss, damage or expense (including without limitation, economic loss or lost profits) or buyer for any defective product sold and delivered to buyer regardless or whether such loss, damage or expense results from a breach of contract or warranty or commission of a tort (including, without limitation, strict liability or negligence).