LIMITED ONE-YEAR WARRANTY CERTIFICATE
1. LIMITED ONE-YEAR EXPRESS WARRANTY - This limited one-year express warranty is made in lieu of all other warranties that are applicable to this product, whether they be written, oral, or implied. No other warranties, other than as described herein, apply to this product. Stern-Williams Co, Inc. hereby warrants that products manufactured by Stern-Williams Co., Inc. shall be free of defects in materials and workmanship for a period of one (1) year from the date of shipment. This warranty shall not be extended, altered, or varied, except in an authorized writing signed by Buyer and Stern-Williams Co., Inc.
2. WAIVER OF IMPLIED WARRANTIES - Stern-Williams Co., Inc. makes no other warranty express or implied, and SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY AS TO THE MERCHANTIBILITY OF THE PRODUCT OR AS TO ITS FITNESS FOR ANY PARTICULAR PURPOSE that might exist under Kansas law, the Uniform Commercial Code, or any other law. There are no warranties that extend beyond that contained in this Limited One-Year Warranty Certificate.
3. CLAIMS MADE BY BUYER UNDER EXPRESS WARRANTY - Under this warranty, if the product is found to be defective, Stern-William Co., Inc. will, in its sale discretion, and upon receipt and verification of a written claim made by Buyer, either: (1) repair the product; (2) replace the product or any part of the product with a replacement product or part of similar type, quality, and size; or (3) refund the wholesale price of the product to Buyer. If Stern-Williams Co., Inc. elects to replace the product, it shall do so at its own cost. This warranty excludes payment for any labor other than that provided by Stern Williams, Co., Inc. If Stern Williams Co., Inc. elects to refund the wholesale price to Buyer, Stern-Williams Co., Inc. shall have no further Obligation to Buyer or anyone else with respect to such product. Any claim made by a Buyer under this warranty shall be in writing and delivered to Stern-Williams Co., Inc. at P.O. Box 8004, Shawnee Mission, Kansas, 66208. Claims must be made within ten (10) days of discovery of defect, and within the one (1) year warranty period. The ten (10) day discovery period shall not extend the one (1) year warranty period.
4. LIMITATIONS ON EXPRESS WARRANTY - The warranty expressed herein applies only to products manufactured by Stern-Williams Co., Inc., and the warranty shall not extend to any product manufactured by parties other than Stern-Williams Co., Inc. This warranty is void if the Stern-Williams Co., Inc. product has been altered or modified in any way. The express warranty contained herein shall not extend to any parties except Buyer, including but not limited to third-party beneficiaries, end users, customers of Buyer, or successors in interest to Buyer. This warranty is extended only to the original Buyer, and is not transferable or assignable.
5. DAMAGES - Stern-Williams Co., Inc. hereby expressly disclaims any liability for damages above the cost of the product, including but not limited to proximate damages, incidental damages, special damages, consequential damages, exemplary damages, and/or punitive damages. Stern-Williams Co., Inc. shall not be liable for any costs of delay in replacing or repairing a defective product, any costs born by third parties, or any alleged lost profits deriving from any use or failure of a product manufactured by Stern-Williams Co., Inc., even if Stern- Williams Co., Inc. has been advised of this possibility by Buyer. Stern-Williams Co., Inc. shall not be liable for any labor or other expenses not expressly stated above.
6. NO WAIVER - The waiver or abridgement of any single provision or group of provisions, either by ruling or agreement of the parties, shall not be construed to alter or void any other provision of this warranty.
7. ALTERNATE DISPUTE RESOLUTION - In the event a dispute arises between Buyer and Stern- Williams Co., Inc. concerning this warranty or the product, it is hereby agreed that the dispute shall be referred to binding arbitration in the County of Johnson, State of Kansas, in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. The arbitrator's decision shall be final and legally binding, and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees, in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including reasonable attorney's fees for having to compel arbitration or defend or enforce the award. THIS EXPRESS WARRANTY IS INCORPORATED INTO BUYER'S CONTRACT TO PURCHASE, AND CONTAINS A BINDING ARBITRATION PROVISION WHICH AFFECTS BUYER'S LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES.