(Seller) warrants to Buyer for a period of one year from the date of shipment that all Products supplied or sold to Buyer will be free from defects in material and workmanship, and be merchantable.

Seller makes no other warranties regarding the Product, express or implied, including without limitation the implied warranty of fitness for particular purpose. Before using, Buyer shall determine the suitability of the product for its intended use, and Buyer assumes all risk and liability whatsoever in connection herewith. Neither Seller nor manufacturer shall be liable either in tort or in contract for any loss or damage, direct, incidental, or consequential, arising out of the use of or the inability to use the product. No statement or recommendation not contained herein shall have any force or effect unless in an agreement signed by officers of seller and manufacturer.

In the event Seller delivers Products that do not conform to the warranties set forth above, Seller will at its option promptly repair or replace defective Product. The foregoing remedy of repair or replace is Buyer's exclusive remedy for breach of warranty described above.