Warranty and Remedy

The Buyer represents and warranties that the Buyer is knowledgeable and capable to assemble, process, and resell Bay Corporation's (herein "Bay") products in a manner consistent with current industry standards.

Except as otherwise noted on Bay's quotation or other signed written communication from Bay, all parts sold by Bay are warranted for a period of one year from the date of shipment to be free from defects in material and workmanship and to conform to Bay's written specifications applicable to the parts. Bay, at its option, will replace, repair, or give Buyer proper credit for, any products or parts found by Bay not to comply with this warranty. No other warranty or guarantee, expressed or implied, including without limitation the warranty of merchantability or fitness for any purpose, shall exist in connection with the design, manufacture, sale, or use of any goods or parts sold by Bay.

Without in anyway limiting the generality of the foregoing, this warranty does not cover, and Bay shall have no liability for:

1. Failure or damage due to misapplication, abuse, improper installation, or abnormal conditions of use, temperature, moisture, dirt, pollution, or corrosion.
2. Parts that have been in any way altered after leaving Bay's plant.
3. Parts damaged in shipment or otherwise without Bay's fault.
4. Expenses incurred by the Buyer in processing any parts before discovery of alleged defects or in attempting to correct same.
5. Failure or rejection of parts due to incorrect specifications and/or design parameters supplied by the Buyer.
6. Damages or losses resulting directly or indirectly from the use or resale by the Buyer of defective parts, or for Bay's parts that have been further processed by the Buyer.

Bay shall not be liable for incidental, indirect, consequential, or punitive damages. The remedies of purchaser set forth in herein are exclusive, and the liability of Bay with respect to any contract or sale, whether in contract, in tort, under any warranty, express or implied for merchantability, fitness, or otherwise, shall not exceed the price of the products upon which such liability is based. Bay shall not be responsible for losses, detentions, or delays occasioned by accident, strikes, or fires affecting Bay's operations or the operations of Bay's suppliers, or any other cause beyond the control of Bay.

All claims by Buyer will be deemed waived if not presented within 30 days after receipt of shipment. Upon notice of any such claims, Bay may inspect any alleged defective parts at the Buyer's place of business or may request their return to Bay. The Buyer may not return parts without authority from Bay and Bay will not be liable for transportation charges if parts are returned without Bay's authorization.

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