Subject to the terms and conditions, Kobe Bearing Company (“Kobe”) warrants to the Buyer for the warranty period indicated below that the Kobe® brand bearings it sells to Buyer (the “Products”) will be free from defects in material and workmanship when properly installed, maintained and operated.
Unless otherwise provided at the time of sale, the warranty period for each Product is one year commencing on the date the Product is shipped by Kobe to the Buyer.
This limited warranty defines Kobe’s sole and exclusive liability and Buyer’s sole and exclusive remedy for any claim arising out of, or related to, any alleged deficiency or defect in any Product sold by Kobe or its authorized distributors or dealers, even if such claim is based on tort (including negligence or strict liability), breach of contract, or any other legal theory. If the Product does not conform to this limited warranty, Buyer must notify Kobe or its authorized service representative within thirty (30) days of discovery of the nonconformity; provided, however, that Kobe shall not be liable for any claim for which notice is received by Kobe more than thirty (30) days following the expiration of the applicable warranty period for the Product. Upon receipt of timely notification from Buyer, Kobe may, at its sole option, (i) modify, repair, or replace the Product, or (ii) reimburse Buyer for any payment made by Buyer for the purchase price of the Product, with such reimbursement being pro-rated over the warranty period. At Kobe’s request and expense, Buyer will return any defective product to Kobe.
This warranty does not cover defects or damage caused by normal wear and tear; shipping or transportation damages; improper installation; abuse or misuse of the Products; unauthorized or abnormal use; negligence or accidents; material or workmanship not provided by Kobe Bearing or its authorized service centers; or fire, flood, accidental breakage, actions by third parties, and any other event outside Kobe Bearings’ reasonable control.
SELLER’S PRODUCTS ARE SOLD FOR GENERAL INDUSTRIAL USES. OTHER USES ARE NOT WARRANTED. FOR EXAMPLE, SELLER DOES NOT WARRANT OR RECOMMEND ITS PRODUCTS FOR USE IN AMUSEMENT RIDES, AIRCRAFT, TRAINS, NUCLEAR FACILITIES, OR SIMILAR APPLICATIONS. IF BUYER HAS ANY QUESTIONS ABOUT EXCLUDED USES, BUYER MUST INQUIRE OF SELLER.
THIS LIMITED WARRANTY IS KOBE’S SOLE AND EXCLUSIVE LIABILITY, AND BUYER’S SOLE AND EXCLUSIVE REMEDY, FOR ANY CLAIM IN ANY WAY ARISING OUT OF, OR RELATED TO, ANY ALLEGED DEFICIENCY OR DEFECT IN THE PRODUCT SOLD BY KOBE; REGARDLESS OF THE NATURE OF THE LEGAL THEORY UPON WHICH THE CLAIM IS BASED. KOBE DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE FOLLOWING (AND ANY SIMILAR WARRANTIES): MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND FOR INTENDED USE.
NOTWITHSTANDING ANY WARRANTY OR OTHER PROVISION IN THESE TERMS TO THE CONTRARY, IN NO EVENT WILL KOBE BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, LOST PROFITS, EXEMPLARY, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAMAGES OF ANY KIND SUSTAINED FROM ANY CAUSE OR BASED UPON ANY LEGAL THEORY, WHETHER CONTRACT, NEGLIGENCE (INCLUDING KOBE’S OWN NEGLIGENCE), STRICT TORT LIABILITY, STATUTORY OR OTHERWISE IN ANY WAY ARISING OUT OF OR RELATING TO ANY SALE BY KOBE. IN ANY EVENT, KOBE’S MAXIMUM LIABILITY TO BUYER UNDER ANY LEGAL THEORY OR CLAIM IS LIMITED TO THE PURCHASE PRICE OF THE SUBJECT PRODUCT GIVING RISE TO THE CLAIM. THIS LIMITATION OF LIABILITY INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS, AND BUYER AGREES TO PROCURE SUCH INSURANCE, IF ANY, AS IT DEEMS APPROPRIATE TO COVER SUCH CLAIMS. THESE LIMITATIONS APPLY DESPITE ANY FAILURE OF ESSENTIAL PURPOSE OR OF FAILURE OF ANY REMEDY PROVIDED HEREIN. ANY LAWSUIT OR CLAIM FOR BREACH OF THIS WARRANTY MUST BE FILED WITHIN ONE (1) YEAR OF THE ACCRUAL OF THE CLAIM.
