AMERICAN PLUMBER WARRANTY:
American Plumber / Pentek filtration products warrants that all goods manufactured by them shall be free from defects in material and workmanship for a period of one (1) year from date of shipment to Purchaser. If within such one-year period, such goods shall be proven to be defective to Seller's reasonable satisfaction, then such defective goods shall be repaired or replaced, at Seller's sole option. Such corrections or replacements shall constitute a fullfilment of all liabilities in respect of such goods. The warranty for all goods sold by Seller but manufactured by others shall be the warranty provided by those manufacturers for such goods. Seller shall take all reasonably commercial efforts (other than the payment of money) to provide the manufacturer's warranty to Purchaser.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Seller is not liable for damage to goods, property, or persons arising out of the improper installation of such goods, misuse of the goods or utilization of the goods under conditions which exceed specifications for such goods.
THE PARTIES EXPRESSLY AGREE THAT THE LIMITATIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SHALL SURVIVE THE DETERMINANTION OF ANY COURT OF COMPETENT JURISDICTION THAT ANY REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
FURTHER, SELLER SHALL HAVE NO LIABILITY TO ANY PERSON FOR PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT OR COSEQUENTIAL DAMAGES OF ANY DESCRIPTION OR LOSS OF USE, REVENUE OR PROFITS, WHETHER ARISING OUT OF WARRANTY OR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE.