Seller shall have no warranty obligation whatsoever and may deny any warranty claim unless Buyer complies with, and causes its customer to comply with, all procedures in this Warranties section. During the period specified in this section Seller warrants that the Goods shall be:
(1) furnished in accordance with the terms of the Purchase Contract,
(2) new and unrepaired (unless used Goods are specified in the Purchase Contract), and
(3) free from defects in materials and workmanship. Seller, at its sole expense, shall promptly repair, replace or correct any warranty violations or refund an equitable portion of the Purchase Price during the 12 month period after delivery to the final destination point or within the 12 month period after first commercial use at the final destination point, whichever is later, but in no event beyond 18 months from the date of delivery to Buyer.
This warranty shall apply to repaired or replaced work for 12 months from the date of repair or replacement or until expiration of the original warranty period, whichever is later. All goods used by Seller in the course of fabricating and/or supplying the Goods to Buyer only carry such warranty as is given by the manufacturer thereof. Such warranties, if any, are hereby assigned by Seller to Buyer. Seller shall furnish these third party warranties to Buyer on request. Buyer shall have the right to assign these warranties to Buyer's customers. No warranty claim shall enable dual recovery by Buyer or its customer. If a third party component supplier provides less of a warranty than Seller's hereunder, Seller shall and hereby does assign the supplier's warranty in lieu of Seller's as to such component. SELLER HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES. SELLER SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. Seller's sole obligation under this warranty is limited to and shall be fully discharged by Seller, at its expense and option, by repairing defective goods or supplying similar goods without charge. Notwithstanding anything to the contrary in the Purchase Contract, this Warranties section is the exclusive remedy available to Buyer or its customer for a warranty claim. Under no circumstances, in contract, tort or otherwise, shall Seller's total liability in connection with any Purchase Contract exceed the amount received by Seller pursuant to the purchase order(s) applicable to the claim(s).