Electrosteel USA warrants that its products will conform to the description and specifications in your order(s); provided, that, EUSA reserves the right to furnish thicker product than you order without prior notice to you to meet all other specifications in your order(s). THE FOREGOING WARRANTY EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS. No representation or warranty, express or implied, made by any sales representative or other agent of EUSA which is not specifically set forth in these terms shall be binding upon EUSA. You assume all risk and liability resulting from product use, whether singly or in combination with other products. Per the claims procedure in our terms of sale, EUSA may be liable to you for breach of the above warranty and any actionable negligence of EUSA, but EUSA’S SOLE LIABILITY (AND YOUR EXCLUSIVE REMEDY) WHETHER FOR BREACH OF WARRANTY OR FOR NEGLIGENCE IS EXPRESSLY LIMITED, AT THE OPTION OF EUSA, TO ONE OF THE FOLLOWING: (i) THE REPLACEMENT AT THE AGREED POINT OF DELIVERY OF ANY PRODUCTS THAT DO NOT CONFORM TO THE DESCRIPTION AND SPECIFICATIONS IN YOUR ORDER(S) FOR THEM, (i) THE REPAIR OF SUCH PRODUCTS, OR ( THE REFUND OR CREDITING YOUR ACCOUNT OF THE CORRECT AMOUNT YOU PAID SUCH FOR PRODUCTS. LIABILITY ON ANY CONTRACT, OR OTHER CLAIM, SHALL NOT EXCEED YOUR COST OF THE PRODUCT. IN ADDITION, EUSA SHALL HAVE NO LIABILITY FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, NON-COMPLIANCE WITH REGULATIONS OF FOREIGN GOVERNMENTS, OR DAMAGES SPECIFICALLY EXCLUDED THIS OR ANY OTHER SPECIAL WARRANTY LIMITATION.
By: Danny Swalley