Returns All sales are final. If the goods shipped to the Buyer are not what was originally ordered, THE GASKET FACTORY will replace with the correct goods at no charge. Special orders or non-stock items may be returned only if the manufacturer is willing to accept the return. Items which are not shipped are backordered for future shipment unless Buyer cancels its order in accordance with these Terms and Conditions of Sale. 10. Acknowledgment and Agreement, Limited Warranty, Exclusive Remedy 10.1 Acknowledgment and Agreement: Buyer expressly acknowledges and agrees that: a) THE GASKET FACTORY neither makes nor manufactures any goods sold to Buyer in accordance with these Terms and Conditions of Sale and instead provides Buyer with processing services to such goods that are manufactured by third parties; b) Subject to Section 10.1(a), THE GASKET FACTORY is solely a distributor of goods; and, c) that THE GASKET FACTORY does not test the properties or the integrity of the goods it sells unless this is specifically requested, in writing, by Buyer. Buyer further acknowledges and agrees that, though Buyer may consult with THE GASKET FACTORY’s employees for assistance, recommendations or instructions in selecting goods, Buyer is solely responsible and liable to determine the appropriate specifications, materials and goods for its particular purpose. 10.2 Limited Warranty: THE GASKET FACTORY assigns to Buyer any warranty provided by THE GASKET FACTORY’s suppliers and by the manufacturer of the goods and only to the extent that the supplier or manufacturer honors any applicable warranty. THE GASKET FACTORY also warrants that the processing services applied by THE GASKET FACTORY to the goods shall be free from defects in workmanship, shall conform to the specifications supplied by Buyer and agreed to in writing by THE GASKET FACTORY and shall be performed in a good and workmanlike manner in accordance with applicable industry trade standards and practices, subject to any tolerances and variations consistent with the usual trade practices. THE GASKET FACTORY makes no claims nor offers any warranty related to the merchantability, fitness, or suitability of any goods for any particular purpose, use, or application, or for Buyer’s satisfaction with goods for any reason not specified or referenced on an Order. No warranty is provided for goods supplied as or for the purpose of tooling or process evaluation, samples, or design prototypes unless otherwise agreed to in writing by THE GASKET FACTORY. THE GASKET FACTORY is not liable or responsible for, nor does the foregoing warranty apply to normal wear and tear, decay or damages caused by misuse, improper installation, maintenance, handling, transportation, storage or operation or by overloading, accident, neglect or harmful alterations or repairs made by Buyer or any other person all of which are subject to the determination of THE GASKET FACTORY at its sole discretion. THE WARRANTIES CONTAINED IN THIS SECTION 10.2, CONSTITUTE THE SOLE AND EXCLUSIVE WARRANTIES IN RESPECT OF THE GOODS AND THE PARTIES EXPRESSLY DISCLAIM ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS, COVENANTS, GUARANTEES AND/OR ASSURANCES, WHETHER BASED IN TORT, CONTRACT, LAW EQUITY OR OTHERWISE OR ARISING FROM A COURSE OF CONDUCT, DEALING OR TRADE INCLUDING WITHOUT LIMITATION, ANY IMPLIED REPRESENTATIONS, WARRANTIES, CONDITIONS, COVENANTS AND/OR GUARANTEES AS TO MERCHANABILITY, MERCHANTABLE QUALITY OR FITNESS FOR PURPOSE. BUYER HEREBY ACKNOWLEDGES THAT IT HAS NOT ENTERED INTO THIS TRANSACTION IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION BY ANY PERSON OR ENTITY EXCEPT FOR THE WARRANTIES OR REPRESENTATIONS SPECIFICALLY SET FORTH HEREIN.
