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CANNON Instrument Company ("The Company") warrants all reagents and chemicals sold by the Company and delivered to and retained by their original purchasers to conform to the weight, specifications and standards stated on the package. The Company will, at its sole option, either replace or refund the price (net of freight, handling charges and taxes), of any reagent or chemical sold by the Company which does not conform to such weight, specifications and standards upon the prompt return of the unused portion. Except for replacement or refund of the net price, the Company shall not be liable for any damages occurring as a consequence of the failure of any reagent or chemical sold by the Company to conform to the weight, specifications and standards stated on the package.
Statements made regarding the suitability of a reagent or chemical for a particular use are made to the best of the Company's knowledge. However, with the exception of the Company's viscosity standards, the Company has not independently tested these products or verified their suitability for a particular use. No representations or warranties are made concerning the suitability of any reagent or chemical for a particular use, and the Company shall not be liable for any damages occurring as a consequence of the failure of a reagent or chemical to be suitable for a particular use.
The foregoing warranties are in lieu of all other warranties, guarantees, or representations, whether oral, written, or implied, including any warranty of merchantability or fitness for use of purpose.
Representations and warranties made by any person, including dealers and representatives of the Company, which are inconsistent, in conflict with or in excess of the terms of the foregoing warranties shall not be binding upon the Company unless placed in writing and approved by an authorized officer of the Company.
The Company shall not be liable for any special, incidental, or consequential damages, or any damage to plant, personnel, equipment or products, directly or indirectly resulting from the use or misuse of any product, reagent or chemical sold by the Company except as set forth in and limited by the foregoing warranties.
The Company's liability under the foregoing warranties (including liability for negligence or otherwise in tort) is limited exclusively to the remedies provided herein and no other right or remedy shall be available to any person.
The Company shall not be liable for any delay in performance under the foregoing warranties caused by any contingency beyond the Company's control, including war, government restrictions, strikes, acts of God or reduced supply of materials.
The foregoing warranties and all claims hereunder shall be governed by the laws of the Commonwealth of Pennsylvania, United States of America.
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