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Representations and Warranties
Texas Scientific Products, LLC (hereinafter to be referred to as TSP) warrants that the goods sold hereunder shall be free from defects in workmanship or material and shall conform in all material respects to the specifications set forth in the Buyer’s purchase order as accepted by TSP. Buyer’s sole and exclusive remedy for TSP's breach of warranty shall be limited to, at TSP’s option, repairing or replacing goods that are proven defective or proven not to conform in all material respects with such. Where goods are replaced by TSP, Buyer shall return the defective or non-conforming goods to TSP. TSP shall not be responsible for any other damage or loss sustained by Buyer or any third party.
TSP warrants that goods delivered hereunder will have been produced under all applicable requirements of the Fair Labor Standards Act, as mentioned and of the regulations and orders of the United States Department of Labor issued under Section 14 thereof.
TSP warrants to Buyer that the sale or use of goods sold hereunder will not infringe the claims of any U.S. Patent, and agrees to indemnify Buyer against liability for any such infringement except where goods are manufactured and/or supplied by TSP in accordance with buyer’s drawing and/or specifications. TSP does not warrant against infringement arising from the use of such goods by Buyer in combination with other materials or in the operation of any process, and TSP shall have no liability to Buyer by reason thereof.
Recommendations by TSP, if any, covering the use, utilization, properties and/or qualities of goods sold hereunder are believed reliable but TSP makes no warranty whatsoever with respect thereto. Use of application of goods sold hereunder is at the discretion of Buyer without any liability or obligation on the part of TSP except as expressly warranted by TSP.
The warranties set fort in this Section 2 constitute the only warranties given by PGB and are in lieu of any and all other warranties, express or implied, arising by law or custom, including, but not by way of limitation, the implied WARRANTY OF MERCHANTABILITY and the implied WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. Any samples submitted by TSP shall not be deemed to create any warranties, express or implied.
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