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Limited Warranty

  1. SSK Signs warrants to Buyer that, upon installation and for a period of 12-months thereafter (the “Warranty Period”), the goods and servicessold and delivered (the “Work”) shall reasonably conform to the specifications set forth in the sales order in all material respects.
  2. Other than this Limited Warranty, SSK Signs makes no warranty whatsoever with respect to the Work, including any:
    1. Warranty of merchantability;
    2. Warranty of fitness for a particular purpose;
    3. Warranty of title;
    4. Warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.
  3. SSK Signs shall not be liable for a breach of thisLimited Warranty unless:
    1. Buyer gives written notice (the “Notice”)  of any purportedfailure of the Work to conform to the specifications set forth in the sales order (the “Failure”), reasonably described, to SSK Signs within 30 days of the time when Buyer discovers or ought to have discovered the Failure;
    2. If applicable, SSK Signs is given a reasonable opportunity after receiving the Notice to examine such Failure; and
    3. SSK Signs reasonably verifies Buyer’s claim that the Work does not conform to the specifications set forth in the sales order.
  4. SSK Signs shall not be liable for a breach of thisLimited Warranty if:
    1. Buyer makes any further use of such Work after giving such notice;
    2. The Failure arises because Buyer failed to follow SSK Signs’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Work; or
    3. Buyer alters or repairs such Work without the prior written consent of SSK Signs.
  5. Subject to the foregoing, with respect to any such Failure that has been verified by the SSK Signs during the Warranty Period, SSK Signs shall, in its sole discretion, either:
    1. Repair or replace such Work (or any part that fails to conform to the specifications set forth in the sales order);
    2. Credit or refund the price of such Work at the pro rata contract rate provided that, if SSK Signs so requests, Buyer shall, at SSK Signs’s expense, return such Work to SSK Signs.
  6. The remedies set forth herein shall be Buyer’s sole and exclusive remedies and shall be SSK Signs’s entire liability for any breach of this Limited Warranty.
  7. In addition to the foregoing, to the extent permitted under any applicable agreement or other arrangement under which SSK Signs obtains, or provides to Buyer, any third party products (“Third Party Products”), SSK Signs will use commercially reasonable efforts to pass on to or assign to Buyer such benefits of any third part warranties as are transferrable under such agreement or other arrangement.

Limitation of Liability

  1. In no event shall SSK Signs be liable for any consequential, indirect, incidental, special, exemplary, or punitive damages, lost profits or revenues or diminution in value, arising out of or relating to any breach of this Agreement, whether or not the possibility of such damages has been disclosed in advance by the Buyer or could have been reasonably foreseen by the Buyer or the SSK Signs, regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
  2. In no event shall SSK Signs’s aggregate liability arising out of or related to this Agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total of the amounts paid to SSK Signs for the Work.