21st Century Coatings, Inc. warrants its products to be free from defects in material and workmanship. The sole obligation of 21st Century Coatings, Inc. and Buyer's exclusive remedy in connection with the products shall be limited, at the option of 21st Century Coatings, Inc., to either replacement of products not conforming to this warranty or credit to the Buyer's account in the invoiced amount of the nonconforming products. Any claim under this warranty must be made by Buyer to 21st Century Coatings, Inc. in writing within five (5) days of Buyer's discovery of the claimed defect, but in no event later than the expiration of the applicable shelf life, or one year from the delivery date, whichever is earlier. Buyer's failure to notify 21st Century Coatings, Inc. of such non-conformance as required herein shall bar Buyer from recovery under this warranty.
21st Century Coatings, Inc. makes no other warranties about the product. No other warranties, whether express, implied, or statutory, such as warranties of merchantability or fitness for a particular purpose, shall apply. In no event shall 21st Century Coatings, Inc. be liable for consequential or incidental damages.
Any recommendation or suggestion relating to the use of the products made by 21st Century Coatings, Inc. whether in its technical literature, or in response to specific inquiry or otherwise, is based on data believed to be reliable; however, the products and information are intended for use by Buyers having requisite skill and know-how in the industry, and therefore it is for the Buyer to satisfy itself of the suitability of the Products for its own particular use and it shall be deemed that Buyer has done so, at its sole discretion and risk. Variation in environment, changes in procedure of use, or extrapolation of data may cause unsatisfactory results.
21st century Coatings, Inc.'s liability on any claim based upon negligence or strict liability for any loss or damage arising out of, connected with or resulting from the use of the products, shall in no case exceed the purchase price allocable to the product or part thereof which give rise to the claim. In no event shall 21st Century Coatings, Inc. be liable for consequential or incidental damages.