Customer is solely responsible for (1) the evaluation, specification and testing of the Knoedler product, and (2) the mounting and installation of the Knoedler product into the customer’s application. Knoedler makes no representation as to the feasibility or suitability of the Knoedler product for customer’s intended use, and Knoedler shall have no liability in connection therewith.
Other than any express written limited warranty that may be provided by Knoedler with certain products (the terms with which the customer must strictly comply), KNOEDLER MAKES NO WARRANTY OF, AND SHALL HAVE NO LIABILITY FOR, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF KNOEDLER IS AWARE OF SUCH PURPOSE) OR OTHERWISE, WHETHER EXPRESS OR IMPLIED, OTHER THAN THAT THE PURCHASED PRODUCT, UPON DELIVERY TO CUSTOMER AT THE DELIVERY POINT SHALL MEET THE SPECIFICATIONS OF A PART NUMBER AND/ OR THE SPECIFICATIONS PROVIDED BY CUSTOMER, AS THE CASE MAY BE. NO OTHER WARRANTY OR LIABILITY, EXPRESS OR IMPLIED, AND WHETHER ARISING BY OPERATION OF LAW OR CUSTOM, SHALL APPLY. Customer agrees to inspect the Knoedler product immediately upon such delivery and to give notice in writing to Knoedler of any claim within ten (10) days of such delivery. Failure to give notice in writing as aforesaid within the specified time constitutes an unqualified acceptance of the purchased product and a waiver of all claims with respect thereto.
Knoedler's liability shall be limited to the purchase price of the Knoedler product supplied (or to have been supplied) in respect of which damages are claimed. All technical or other advice by Knoedler, whether or not at customer’s request, with respect to the Knoedler product, its use or modification or resale or otherwise, is given gratis by Knoedler and Knoedler shall not be liable for, and customer assumes all risk of, such advice and the results thereof. OTHER THAN AS SET FORTH IN THIS PARAGRAPH, KNOEDLER AND ITS SUPPLIERS SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, AND REGARDLESS WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE. Customer’s exclusive remedy for any goods having defects in materials or workmanship and for any damages caused thereby will be either (1) pursuant to any express limited written warranty provided with product(s), or (2) if no express limited written warranty is provided, a refund of the purchase price or replacement of such defective goods returned to Knoedler within thirty (30) days after receipt thereof by the customer. Either (a) Customer’s failure to allow Knoedler a reasonable opportunity to inspect, test, or sample the goods prior to their return to Knoedler or (b) customer’s failure to give written notice of the defects to Knoedler within ten (10) days after receipt of the goods, constitutes a waiver by customer of all claims with respect to the goods furnished hereunder. Customer charges for replacements and returns for credit will not be allowed unless authorized by Knoedler in writing.
Customer understands that its specific mounting of a Knoedler product into customer’s application has not undergone testing by Knoedler pursuant to Federal Motor Vehicle Safety Standards (FMVSS), and customer assumes any and all risk regarding the FMVSS arising out of or associated with customer’s proposed or actual mounting of the seats.
