Webb Wheel Products, Inc. (Seller) hereby warrants to the original purchaser of its products, that it will replace or repair, at its option, all products of its manufacture found to be defective in material and workmanship, without charge. This shall be Buyer's exclusive remedy for Seller's liability hereunder.
This warranty is limited to those products which fail in normal use and service because of defects in material and workmanship, with all such products being subject to inspection of material by an authorized representative of Seller, within a reasonable period after claim is made. Seller will not accept the return of any goods without its prior written consent.
Seller's liability to Buyer, or anyone claiming through or on behalf of Buyer, with respect to any claim or loss arising out of the products or alleged to have resulted from the actual act or omission of Seller, whether negligent or otherwise, and whether in tort, contract, or otherwise, including failure to deliver, delay in delivery, or breach of warranty, shall be limited to an amount equal to the purchase price of the goods or part thereof with respect to which such liability is claimed or, where appropriate and at the option of the Seller to replacement of the goods or part thereof. In no case will Seller be liable for any bodily injury, death, or property damage resulting from or in any way arising out of the products or their use of manufacture. IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, LAWSUITS, OR EXPENSES ARISING OUT OF ANY SALE, CONTRACT OR TRANSACTION WITH BUYER.
Seller will not be liable for any failure or damages caused by abuse of its products, improper installation, improper application or use, fire, accidents or results thereof, improper maintenance or acts of God.
THESE ARE SELLER'S ONLY WARRANTIES. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOVER, EXPRESS OR IMPLIED. ALL IMPILED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED.