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ORIENTAL MOTOR U.S.A. CORP. (the "Company") warrants to the first end user Buyer that the Products and Parts thereof, when shipped, will be free from defects in materials comprising the same and in the Company's workmanship. If any such defects exist or later appear, the Company shall undertake, at its sole expense, prompt remedial action as stated herein to correct the same; provided however, that the Company shall have no obligation or liability under this Warranty unless it shall have received written notice specifying such defect no later than two (2) years from the date of shipment. Remedial action under this Warranty shall require only that the Company, at its option, repair or modify the Products or Parts thereof, replace the same F.O.B. Torrance, California, or accept the return of the Products or Parts thereof by Buyer and refund the purchase price.
Products, or Parts thereof, manufactured by others are warranted hereunder only to the extent of such manufacturer's warranty to the Company.
Since after shipment, the Products and Parts thereof are under the sole control of the Buyer, this Warranty is subject to, and shall be applicable only if, the following conditions are met:
THE FOREGOING WARRANTY IS IN SUBSTITUTION FOR, AND IN LIEU OF, ANY AND ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER IN ANY EVENT FOR PAYMENT OF ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO ANY PERSON OR PROPERTY. BY ACCEPTING THE PRODUCTS AND/OR PARTS THEREOF, THE FIRST END USER BUYER OR SUBSEQUENT USER AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR INDEMNIFICATION OR CONTRIBUTION (IN WHOLE OR IN PART) EITHER EXPRESSLY OR BY IMPLICATION.
IF FOR ANY REASON ANY OF THE FOREGOING PROVISIONS SHALL BE INEFFECTIVE, THE COMPANY'S LIABILITY FOR DAMAGES ARISING OUT OF ITS MANUFACTURE OR SALE OF ITS PRODUCTS OR PARTS, OR USE THEREOF, WHETHER SUCH LIABILITY IS BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE FULL PURCHASE PRICE OF SUCH PRODUCTS AND PARTS THEREOF.
Any action against the Company based upon any liability or obligation arising here-under or under any law applicable to the sale or its Products or Parts thereof, or the use thereof, must be commenced within two (2) years after the cause of such action arises.
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