Morse Cutting Tools warrants to original equipment manufacturers, distributors and industrial and commercial use of its products that each new product which it manufacturers or supplies is free from defects in material and workmanship. Its sole obligation under this warranty is limited to furnishing, without additional charge, a replacement for, or, at its options, repairing or issuing credit for any such product which shall, within one year from the date of sale by Morse Cutting Tools, be returned freight prepaid to the facility designated by a Morse Cutting Tool representative and which, upon inspection, is determined by Morse Cutting Tools to be defective in materials or workmanship. The provisions of this warranty shall not apply to any product which has been subjected to misuse, improper operating conditions, machine setup or which has been repaired or altered, if such would adversely affect performance of the product. Complete written information with respect to all such matters must be furnished to Morse Cutting Tools, as a prerequisite to its consideration of any claim or complaint under this warranty. The repair, replacement or issuance of credit for parts provided for in this warranty constitutes the Buyer's EXCLUSIVE REMEDY.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Morse Cutting Tools shall have no liability or responsibility on any claim of any kind, whether in contract, tort or otherwise, for any loss or damage arising out of, connected with, or resulting from the manufacture, sale, delivery or use of any product sold hereunder, in excess of the cost of replacement or repair as provided herein. IN NO EVENT SHALL MORSE CUTTING TOOLS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Morse Cutting Tools makes no warranty, express or implied, except as set forth above; and Morse Cutting Tools neither assumes nor authorizes any other person or entity to assume for of any other obligation or liability in connection with any of its products.
