
MARKET CENTRAL, INC.
WARRANTY/ LIMITATION OF REMEDIES AND LIABILITY
WARRANTY Market Central®warrants to the original purchaser only that the products which
are the subject of this Contract will be free of defects in workmanship and materials, under
normal service and use, for a period of one (1) year from date of sale. Products which have been
changed or altered in any manner from their original design, or which are improperly or
defectively installed, tested, serviced or used, are not covered by this warranty. If any alleged
failure to conform to this warranty shall arise during a period of one (1) year from date of sale,
Market Central®shall, upon prompt, written notice and compliance by Customer with such
instructions as Market Central®shall provide with respect to the return of allegedly defective
products or parts, correct such non-conformity by repair or replacement, or by the refund of the
purchase price or applicable portion thereof, at Market Central’s sole discretion. Correction in the
foregoing manner shall constitute a complete fulfillment of all obligations and liabilities of Market
Central with respect to said products. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN
LIEU OF ANY AND ALL OTHER WARRANTIES , WHETHER WRITTEN, ORAL , IMPLIED OR
STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE; AND MARKET CENTRAL EXPRESSLY
DISCLAIMS ANY SUCH WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
LIMITATION OF REMEDY. If any claim shall arise with respect to any alleged non-conforming
product, Market Central's sole obligation and Customer's sole and exclusive remedy shall be the
repair or replacement of said allegedly defective product or component or the refund of the
applicable portion of the purchase price, at Market Central's sole discretion and at no cost to
Customer, in accordance with the warranty provisions of the preceding paragraph. SAID
REMEDY SHALL BE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO
ANY ALLEGED NON-CONFORMING PRODUCT OR OTHER CLAIM AS TO THE CONDITION
OF ANY PRODUCT OR COMPONENT, WHETHER IN THE NATURE OF A CLAIM FOR
BREACH OF WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, PRODUCT LIABILITY
WITH RESPECT TO DESIGN AND/OR MANUFACTURE, OR OTHERWISE.
LIMITATIONS OF LIABILITY. In no event will Market Central®be liable for any incidental,
consequential, special or indirect losses or damages arising out of or in connection with the
Contract, its performance or breach thereof, including without limitation any and all losses and
damages arising out of or related to costs of removal and reinstallation of any item, loss of
goodwill, loss of profits, delay and loss of use. MARKET CENTRAL'S LIABILITY WITH
RESPECT TO ANY CLAIM OF ANY KIND FOR ANY LOSS OR DAMAGE SHALL NOT IN ANY
EVENT EXCEED THE PRICE ALLOCABLE TO THE PRODUCT OR UNIT THEREOF WHICH
GIVES RISE TO THE CLAIM; AND MARKET CENTRAL®SHALL NOT BE LIABLE FOR ANY
PENALTIES, PUNITIVE DAMAGES OR EXEMPLARY DAMAGES OF ANY KIND OR
DESCRIPTION