Seller warrants that, on the date of delivery to carrier, the goods are free from defects in workmanship and materials. No other express warranty is given and no affirmation of seller, by words or action, shall constitute a warranty.
The above warranty is made only to the dealer, retailer or other direct customer of HCO Industries. HCO Industries makes no warranty to the ultimate user and prohibits the transfer of the warranty given above to its direct customer to any subsequent purchaser, including but not limited to ultimate user.
Remedy: The Buyer’s sole remedy for breach of any warranty is limited exclusively to obtaining, at the discretion of the Seller, either credit, repair or replacement of any product sold hereunder by HCO Industries which shall be returned to seller’s plant, transportation prepaid within thirty (30) days after delivery to a user and within ten (10) days of discovery of alleged defect, and which HCO Industries inspection shall determine to be defective. Buyer shall not be entitled to recover any incidental or consequential damages. No material shall be returned without written consent of the seller.