This warranty does not cover, and Sharpe shall not be liable for general wear and tear, or any malfunction, damage or wear caused by faulty installation, misapplication, abrasion, corrosion, inadequate or improper maintenance, negligence, accident, tampering, or substitution of non-Sharpe component parts. Nor shall Sharpe be liable for malfunction, damage or wear caused by the incompatibility of Sharpe equipment with structures, accessories, equipment or materials not supplied by Sharpe, or the improper design, manufacture, installation, operation or maintenance of structures, accessories, equipment or materials not supplied by Sharpe.
If the claimed defect is verified, Sharpe will repair or replace free of charge any defective parts.
THIS WARRANTY IS EXCLUSIVE, AND IS IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
Sharpe’s sole obligation and buyer’s sole remedy for any breach of warranty shall be as set forth above. The buyer agrees that no other remedy (including, but not limited to, incidental or consequential damages for lost profits, lost sales, injury to person or property, or any other incidental or consequential loss) shall be available. Any action for breach of warranty must be brought within one year beyond warranty expiration.
Sharpe makes no warranty, and disclaims all implied warranties of merchantability and fitness for a particular purpose in connection with accessories, equipment, materials or components sold but not manufactured by Sharpe. These items sold, but not manufactured by Sharpe (such as heat lamps, refrigerated dryers, hoses, etc.), are subject to the warranty, if any, of their manufacturer. Sharpe will provide purchaser with reasonable assistance in making any claim for breach of these warranties.
In no event will Sharpe be liable for indirect, incidental, special or consequential damages resulting from Sharpe supplying equipment hereunder, or the furnishing, performance, or use of any products or other goods sold hereto, whether due to a breach of contract, breach of warranty, the negligence of Sharpe, or otherwise.