discretion, be the sole judge of whether a returned product or component is defective in material or workmanship. Required or replaced products or components shall be returned freight. In genuine emergency situation, Seller will (at Seller’s sole option) forward replacement parts to Buyer without waiting for authorized return of the questionable part(s). In such cases, Buyer will issue a purchase order or other payment guarantee prior to shipment. If the returned part is found to have been misused or abused, the defective part is not received by Seller within thirty (30) days, the Buyer will be invoiced for replacement part(s) provided. This Warranty does not cover or include labor and/or trav- el to the Buyer’s premise or location or any other location. Charges will be made for the usual and customary Seller costs and associated expenses incurred by Seller in providing Warranty Service at any location other than Seller’s factory at the address set forth below, and Seller reserves the right to precondition such travel to Buyer’s premises upon pre- payment of Seller’s anticipated costs of attending such premises.
8.4Voidability of Warranty
This Warranty shall be void and unenforceable as to any Seller product which has been damaged by accident, mishandling, abuse or has been repaired, modified, altered, disas- sembled or otherwise tampered with by anyone other than Seller or an authorized Seller service representative; or, if any replacement parts are not authorized by Seller have been used, or, the product has not been installed, operated and maintained in strict accordance and adherence with the operating documentation and manuals for such product. Any express warranty, or similar representation of performance set forth in the operation doc- umentation for a reverse osmosis or ultrafiltration membrane incorporated into a Seller product shall be void and unenforceable unless the feed water requirements set forth in the operating documentation for such product are unequivocally and strictly adhered to.
8.5Limitations and Exclusions
THIS WARRANTY AND REMEDIES DESCRIBED HEREIN AND HEREINABOVE ARE EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER WARRANTY OR REMEDIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PAR- TICULAR PURPOSE. IN NO EVENT SHALL THE SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR TYPES OF DAMAGES, OR FOR DAMAGES FOR THE LOSS OF PRODUCTION OR PROFITS, OR INJURY TO PERSON OR PROPERTY. NO PERSON HAS ANY AUTHORITY TO BIND SELLER TO OTHER THAN WHAT IS SET FORTH ABOVE.
THIS WARRANTY GIVES THE BUYER SPECIFIC LEGAL RIGHTS AND THE BUYER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE PARTIES RECOGNIZE AND AGREE, THAT IN ALL RESPECTS THE LAWS OF THE STATE OF MINNESOTA SHALL APPLY TO AND SHALL GOVERN ANY INTERPRETATION OR LEGAL SIGNIFICANCE OF THIS DOCUMENT.
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