Warranty
Newton warrants to Buyer that products sold hereunder (except for outside cabinets) are free from defects in material and workmanship under normal use and service for a period of one (1) year from date of shipment to the original Buyer. Newton shall repair or replace at its factory, or at such other place as it may designate in any given case, any defective part which shall be returned with transportation charges prepaid, provided examination shall reveal to Newton’s satisfaction that the products were defective a the time of delivery to Buyer. If any products purchased from Newton are defective or do not conform to the contract for sale, Buyer shall so notify Newton promptly after receipt of the products and Newton, or its authorized or designated representative, shall have the option of inspecting the goods on Buyer’s premises. If Newton finds any product to be defective, at Newton’s direction the Buyer may either return the product to Newton and obtain a refund of the purchase price, or return the defective product to Newton for repair or replacement. Claims for non-conforming orders will not be considered unless made in writing to Newton within ten (10) days after Buyer’s receipt of products. Since Newton’s responsibility ceases upon delivery of the products in good order to the carrier, any claims for damage or shortage in transit must be brought against the carrier. Correction of defects by repair, replacement or refund of purchase price to Buyer shall constitute fulfillment of all obligations to Buyer and such correction of defects by repair, replacement or refund of purchase price to Buyer shall constitute Buyer’s sole and exclusive remedy. Newton will not be liable for any consequential damages or personal injury nor will Newton be liable for losses, damages, or expenses directly or indirectly resulting from the use of its products. Newton assumes no liability for repairs made by others without its written consent.
Newton assumes no warranty liability with respect to defects in products caused by Buyer’s modification of or additions to the product.
THE ABOVE WARRANTY SUPERSEDES AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND ALL OTHER OBLIGATIONS OR LIABILITIES OF NEWTON INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
No agent, distributor, or other party is authorized to make any warranties on behalf of Newton or to assume for Newton any other liability in connection with any of Newton’s products.
