AIM Technology Inc.
Advanced Inprocess Monitoring Systems
Phone (215) 872-1692
The Seller warrants only that Goods shall be manufactured in substantial accordance with Buyer's specifications contained in the Purchase Order. The parties expressly agree that Buyer's sole and exclusive remedy against the Seller shall be for the repair and replacement of defective Goods as provided herein. The foregoing warranty is in lieu of all other warranties, express or implied, including those of merchantability or fitness for a particular purpose, all of which are expressly disclaimed. No affirmation of seller, by words or action, other than as set forth in this paragraph or any written warranty furnished by seller, nor any additional warranties, express or implied, made by seller to consumer purchasers of the goods shall constitute a warranty hereunder. Seller's warranty does not apply to any Goods that have been subjected to misuse, mishandling, misapplication, neglect (including but not limited to improper maintenance), accident, improper installation, modification (including but not limited to use of unauthorized parts or attachments), or adjustment or repair performed by anyone other than Seller or one of Seller's authorized agents. In no event shall Seller be responsible for the quality or performance of any goods manufactured by other parties; such Goods shall carry only the warranty of the manufacturer.
Any claim by Buyer with reference to the Goods sold pursuant to the Purchase Order shall be deemed waived by the Buyer unless submitted in writing to Seller within the earlier of (i) five (5) days following the date Buyer discovered, or by reasonable inspection should have discovered, any claimed breach of the foregoing warranty, or (ii) thirty (30) days following the date of shipment. Any cause of action for breach of the foregoing warranty shall be brought within ninety (90) days from the date the alleged breach was discovered or should have been discovered, whichever occurs first.