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ONICON warrants that for a period of two (2) years following the date of original shipment of an ONICON product:
(i) the product will conform to ONICON’s standard written specifications applicable to such product in effect on the date of Buyer’s order, or as modified by ONICON’s quotation or Buyer’s purchase order accepted by ONICON,
(ii) the product will be free from defects in workmanship, and
(iii) that ONICON has title to the product prior to shipment to the Buyer; provided, however, that the warranties provided herein shall be void and may not apply in the event Buyer misuses or damages a product, including, but not limited to, any use by the Buyer of a product for an application other than one of a type approved by ONICON.
ONICON’s sole liability and Buyer’s sole remedy for any breach of the foregoing warranty is for ONICON to repair or replace, at ONICON’s option, any defective product that is returned to ONICON during the warranty period. EXCEPT AS MAY BE SPECIFICALLY AGREED BY ONICON IN WRITING IN RELATION TO EACH SALE, NO OTHER WARRANTIES SHALL APPLY, WHETHER EXPRESSED, IMPLIED OR STATUTORY, AND THERE SHALL BE NO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. |