DISCLAIMER OF IMPLIED WARRANTEES
LIMITATION OF LIABILITY

Seller warrants that the equipment delivered by seller will be of the kind and quality described in the order or contract and will be free of defects in workmanship or material. Should any failure to conform to this warranty appear within __________ (one year) seller shall, on notification, correct such nonconformity, including nonconformance with the specifications, at its option, either by repairing any defective part or parts, or by making available F.O.B. sellers plant, a repaired or replacement part. 

This warranty is in lieu of all warranties of merchantability, fitness for purpose or other warranties, express or implied, except of title and against patent infringement. Correction of nonconformities, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of seller to buyer, whether based on contract, negligence or otherwise with respect to, or arising out of such equipment. 

Neither party shall be liable for special, indirect, or consequential damages. The remedies set forth in this instrument are exclusive, and the liability of seller with respect to any contract or sale or anything done in connection therewith, whether in contract, in tort, under any warranty, or otherwise, shall not, except as expressly provided herein, exceed the price of the equipment or part on which such liability is based. 

This is a UCC-buying and selling provision.  It is designed to supplement UCC buying and selling forms found in this category.