8. Product Warranties; Limitations; Exclusions:
A. Gordy Sensor warrants that all Goods shall be free from defects in material and workmanship under normal use for the period of time provided in Gordy Sensor’s standard warranty terms as found from time to time on its website (www.flow-network.com) at the time of shipment of the Goods. It shall be Customer’s responsibility to determinine that Goods ordered by it is suitable for Customer’s use and that such use complies with any applicable local, state or federal law. If Customer gives Gordy Sensor written notice of any claimed defect in the Goods immediately upon discovery, obtains a return authorization as provided above, and any such Goods are returned to the original shipping point, transportation charges prepaid, within the relevant warranty period, and Gordy Sensor determines to its satisfaction that such Goods are defective in material or workmanship, then Gordy Sensor shall, at its option, repair or replace the Goods and pay the cost of return freight. Gordy Sensor shall have reasonable time to make such repairs or to replace such Goods. Any repair or replacement of Goods shall not extend the warranty period. This warranty is limited to the period of time stated in Gordy Sensor’s standard warranty terms, as provided for above, without regard to whether any claimed defects were discoverable or latent on the date of shipment. Gordy Sensor’s warranty applies only to defects that arise out of the manufacture of the Goods and not to defects arising from other circumstances, such as, but not limited to, accident, misuse, unforeseeable use, neglect, alteration, or improper installation, adjustment, repair, or testing.
B. Customer’s failure to pay as and when due any invoice or any portion thereof for Goods or Services sold under the Agreement or otherwise, shall allow Gordy Sensor to terminate and void all warranties and remedies granted under this Section 8.
C. The foregoing warranty is exclusive and in lieu of all other representations, warranties and covenants, express or implied, with respect to the goods or services and any defects therein of any nature whatever, including without limitation warranties of merchantability or fitness for a particular purpose. Customer shall be solely responsible for its choice and use of any particular goods or services purchased from Gordy Sensor and Gordy Sensor shall not be liable for any advice it may have given customer or any failure to provide such advice regarding the goods or services or customer’s use of the same. In no event shall Gordy Sensor be liable to customer under any tort, negligence, strict liability, or product liability claim and customer hereby waives any such claims. Gordy Sensor’s sole and exclusive liability, and customer’s sole and exclusive remedy, for any nonconformity or defect in the goods or services or anything done in connection with this agreement, in contract, tort (including negligence), or otherwise, shall be as set forth in section 8a hereof (subject to further limitation as provided in section 8b hereof if applicable). It is agreed that the warranty and exclusive remedy provided for herein shall not be deemed to have failed of its essential purpose (as that term is used in the uniform commercial code) if Gordy Sensor remains willing to repair or replace defective goods or services (as described in subsection 8a) within a commercially reasonable time after customer receives such goods or services in accordance with this agreement. Customer specifically acknowledges that Gordy Sensor’s price for the goods or services is based upon the limitations of Gordy Sensor’s liability as set forth in this agreement.