Purchaser and TrimmerTrap, Inc. expressly agree that TrimmerTrap, Inc.’s sole warranty is against defect in materials or
workmanship. A no-charge replacement will be made of any part which, upon examination by us appears to be defective, provided it is returned to us, transportation prepaid within ninety (90) days of date sale and further provided it has been properly mounted and not subject to abuse. Our liability shall be limited to replacement of such defective parts. We shall not be liable for any other damages direct, incidental or consequential. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED UNDER THIS HEADING, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
The warranties, obligations and liabilities of TrimmerTrap, Inc., and the remedies of buyer, set forth in the paragraph above are exclusive and in substitution for, and buyer hereby waives releases and renounces all other warranties, obligations and liabilities of TrimmerTrap, Inc. and all other rights, claims and remedies of buyer against TrimmerTrap, Inc. express or implied, arising by law or otherwise, with respect to any nonconformance or defect in any product or other thing provided under this agreement, including but not limited to:
A. Any implied warranty of merchantability or fitness;
B. Any implied warranty arising from course of dealing or usage of trade;
C. Any obligation, liability, right, claim or remedy in tort, whether or not arising from negligence (whether active, passive or imputed) or the fault of TrimmerTrap, Inc.; and
D. Any obligation, liability, right, claim or remedy for the loss or damage to, or caused by or contributed to by, the product or any other thing provided under this agreement.