Motion Solutions warrants, to the original purchaser only, that the products conform to the specifications published in the catalog or as otherwise communicated to the purchaser, and that they are free from defects in material or workmanship. This warranty expires one year from the date of delivery. Any failure of the products to conform to the foregoing warranty must be communicated to Motion Solutions, Inc. in writing within 12 months after delivery. Motion Solutions shall have the option, in its discretion, of correcting any failure or defect, providing replacement products, or providing a full refund of the purchase price. These remedies are the purchasers exclusive remedies for breach of warranty. Any repair of defective products, including parts and labor, will be performed at Motion Solutions’ expense and at its facilities. All freight must be prepaid by the customer.
The limited warranty and limited remedy set forth above constitute the only warranty of Motion Solutions and the purchasers only remedies in the event such warranty is breached. The foregoing limited warranty is exclusive of all other warranties pertaining to the products, written or oral, expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, or against patent infringement.
Motion Solutions does not warrant (a) defects caused by failure to provide a suitable installation environment for the product, (b) damage caused by use of the product for purposes other than those for which it was designed, (c) damage caused by unauthorized attachments or modifications, (d) products which have been repaired or altered outside of our facility, or (e) any other abuse or misuse by the purchaser.
In no event will Motion Solutions be liable for any special, incidental or consequential damages, including but not limited to claims for injury to or death of persons, or for damages to property, based on breach of warranty, breach of contract, negligence, strict tort or any other legal theory, including loss of profits or revenues, loss of use of the product, cost of any substitute equipment or facilities, and the claims of customers or other third parties. Any action for breach of warranty must be commenced within 15 months following delivery of the product.