IIS warrants that goods sold by it shall be free from defects in material and workmanship and will conform to applicable specifications and drawings. IIS’s liability whether based on breach of warranty or contract, negligence in manufacture, or otherwise shall be limited to replacement or repair (at IIS’s election) of the defective or nonconforming goods, or (at IIS’s election) refund of the purchase price thereof. This warranty shall apply, and IIS shall be liable for replacement, repair or refund, only if Buyer has given IIS written notice of the defect or nonconformity within 30 days after delivery of such goods to Buyer. IIS assumes no liability for results of the use of goods purchased from IIS 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. IIS makes no warranty of merchantability as to use or a particular environment. IIS 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. Unless specifically indicated to the contrary, goods sold are not fire retardant and should not be exposed to intense heat or flame. Unless specifically indicated to the contrary, goods sold are not water resistant or waterproof. THE FOREGOING CONSITUTES THE SOLE AND EXCLUSIVE WARRANTY OF IIS AND THE SOLE AND EXCLUSIVE REMEDY OF THE BUYER, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PURPOSE SOLD, DESCRIPTION, QUALITY OR ANY OTHER MATTER, WITHOUT LIMITING THE FOREGOING, IIS SHALL IN NO EVENT BE LIABLE FOR LOSS OF USE OR PROFIT, OR FOR OTHER COLLATERAL, SPECIAL OR CONSEQUENTIAL DAMAGES.
NO WARRANTIES OR REPRESENTATIONS AT ANY TIME MADE BY ANY PERSON, SALES REPRESENTITIVE, DEALER, AGENT ON BEHALF OF “IIS” CONCERNING THE PERFORMANCE OF ANY PRODUCTS.
IIS shall not be liable in contract or in fact (including negligence) for loss of profits or revenue, loss of equipment or facilities, cost of capital, or for any special, indirect, incidental or consequential damages of any nature, labor, overhead or any other cost resulting from or in any manner relating to the “Products” or services provided.
It is a condition hereof that the title to the Products sold shall remain in IIS until full purchase has been paid.