
Market Central, Inc.
R6150 GANGED A/B SWITCHING SYSTEM Page 6of 6
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.