8. LIMITED WARRANTY; CLAIMS; LIMITATIONS/EXCLUSIONS OF LIABILITY:
A. Seller warrants only that the goods sold to Buyer shall have the characteristics in the Seller’s or agreed Buyer specifications as set forth or agreed to in Seller’s OC or other acceptance of Buyer’s order, and shall be free from defects in workmanship and materials under normal use and service in accord with Seller’s instructions and said specifications for the earlier of one (1) year from the date of Buyer’s sale thereof to Buyer’s customer, or two (2) years from the date of Seller’s sale thereof to Buyer. If any failure to conform to this limited warranty is reported in writing to Seller during the warranty period, Seller, upon being satisfied of the existence of such defect or non-conformity, will repair or replace the non-conforming goods, as Seller may elect in its sole discretion. All other remedies and claims whether in tort, contract or warranty are excluded. This limited warranty does not apply to any goods operated or used in a manner other than in Seller’s instructions, or subjected to abuse, or disassembled or otherwise tampered with or altered; or not warehoused, handled, packed or distributed in accordance with customary good commercial trade practices; or to ordinary wear and tear, including of spare parts.
B. Seller shall not be liable under any circumstances to Buyer or any other person if the goods are not properly used for the purpose for which they are designed or if Section 8. A, last sentence, applies.
C. Unless initiated within one (1) year after the cause of action has accrued, Buyer is barred from initiating any legal proceeding of any type in connection with the goods or orders therefore;
D. No agreements varying or extending the Seller’s limited warranty or the foregoing limitations, whether made by Buyer or third parties, will be binding on Seller unless in writing and signed by Seller’s authorized representative.
E. Buyer will not make any warranties or representations on behalf of Seller or its supplier as to quality, merchantable quality, merchantability, fitness for a particular use or purpose, or any other features of the any goods supplied by Seller or incur any liabilities, obligations, or commitments on behalf of Seller or its supplier.
F. All warranties of merchantability, fitness for a particular purpose, by sample, or any other non-express warranties regarding Seller’s goods sold and delivered to Buyer at any time are hereby waived by Buyer. Regarding claims of any nature relating directly or indirectly to Seller’s goods, including based on Seller’s ordinary negligence
(i) Seller’s maximum liability to Buyer and third parties is limited to the invoice price to Buyer of the particular goods;
(ii) Seller will incur no liability to Buyer or any third party for
(a) incidental, indirect, special, reliance, exemplary or consequential damages or losses;
(b) loss of anticipated profits or goodwill, business interruption, failure to provide properly any service, and any other economic loss or damages sustained by Buyer or any third party, although Seller has been advised of the possibility of such damages.