WARRANTIES: Goods manufactured and/or supplied by Marketair Inc. are warranted to be free from defects in materials and workmanship for a period of one year from the date of purchase when properly installed and maintained and the installation will comply with all written specifications made by Marketair at the time of sale.
The warranty stated above is in lieu of all other warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Although Marketair may have suggested the product, or provided written or oral advice to the Purchaser, it is the Purchaser’s responsibility to test and determine the suitability of the Product for the intended use and purpose. Purchaser and/or purchaser’s customer assume all risk and liability whatsoever regarding such suitability.
In the event of a breach of the above warranty, Marketair’s sole obligation, and Purchaser’s sole and exclusive remedy, shall be, at Marketair’s option, repair or replacement of any defective products, or refund of an applicable portion of the purchase price. Marketair shall have no liability for costs of removal or reinstallation of the product. The Purchaser agrees that no other remedy, including but not limited to loss of profits, lost sales, injury to person or property, or any other special, incidental or consequential damages, shall be available to the Purchaser for any claim arising out of this agreement, regardless of whether such claim is made in contract or in tort, including strict liability in tort. In no event will Marketair be obligated to pay damages to the Purchaser in any amount exceeding the purchase price that the Purchaser paid to Marketair for the allegedly defective product.