US Futaba Warranty Information

Warranty:

Our warrenty is limited to shipping a replacement for any defective item providing a written claim is made 10 days from the receipt of goods. We will not allow or pay any claims resulting from use of such items, or any consequential damages. This warranty is in lieu of any and all other warranties and liabilities expressed or implied, including but not limited to any warranty of merchantability or fitness for any purpose and any liability for consequential damages arising out of the use of the products sold hereunder. Seller shall not be liable for consequential operational or contingent damages arising from this warranty, breach of contract, breach of warranty, negligence or any other legal theory. Seller will no event be liable for any consequential, special or contingent damage or expence arising directly or indirectly from any defect in its goods or from the use thereof, nor any other person authorized to assume for Seller any such liability. Such damages include but are not limited to loss of profits or revenue, loss of the use of the goods or any associated goods or equipment, cost of any substitude goods, facilities or services, downtime costs, cost of capital or claims of Purchaser‘s customers for such damages or arising out of the use of the products sold hereunder. The foregoing warranty states Seller‘s entire and exclusive liability and Purchaser‘s exclusive and sole remedy whether based on contract, negligence or otherwise. The remedy set forth herein shall be the exclusive remedy available to the Purchaser. The liability of the Seller whether in contract, tort or under any warranty or otherwise, shall not exceed the price of the goods sold. Damage to the product by accident, missuse, abuse, modification or misapplication or by improper service or installation voids our warranty.

Limitation of Liability:

Seller shall not be liable for consequent, special or contingent damages arising from breach of warranty, breach of contract, negligence or any other legal theory. Such damages include, but are not limited to, loss of profits or revenue, loss of the use of the goods, or any associated goods or equipment, cost of capital, cost of any substitute goods, facilities or services, downtime costs, or claims of Purchaser‘s customers for such damages. The discharge or Seller‘s warranty obligation hereunder shall constitute fullfillment of all liabilities of Seller to Purchaser, whether based on contract, negligence or otherwise with respect to the goods sold or provided hereunder.

The remedies set forth herein shall be the exclusive remedies available to the Purchaser and in lieu of all other remedies, and the liability of Seller, whether in contract, in tort, under any warranty or otherwise, shall not exceed the price of the goods sold, supplied or furnished by Seller hereunder on which liability is based. Seller neither assumes nor authorizes any representative or ohter person to assume for it any obligation or liability other expressly set forth herein. Any suit or action arising out of or relating to this Agreement or the breach thereof, must be commenced within one (1) year after the cause of action has accrued. The foregoing shall not limit the time within which any suit or action must be brought to collect an amount agreed to be paid by Purchaser or to enforce a judgement or to collect any amount awarded thereunder. The sole purpose of the stipulated exclusive remedy shall be to provide Purchaser with a credit or replacement for, or the repair of, defective parts in the manner provided herein. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as Seller is willing to credit Purchaser‘s account or repair or replace the defectice part(s) in the manner prescribed herein.