Accuride warrants its Senseon products will conform at the time of delivery to specifications expressly agreed to in writing by Buyer and Accuride. Accuride warrants its Senseon products will be free from defects and workmanship during the warranty period. Shipping costs incurred in returning such nonconforming products shall be borne by Accuride. Accuride agrees to replace nonconforming products covered under this warranty for a period of one (1) year from the date of delivery to Buyer. This warranty does not cover products which have been damaged due to misuse, improper installation, or unauthorized repair or alteration. This warranty is for replacement of the defective product only and does not include the cost of removal, installation, or other incidental charges. At its option, Accuride may credit Buyer for an amount not to exceed the original price paid for such products.
There are no express warranties by Accuride other than stated herein. No warranties by Accuride (other than title) shall be implied or otherwise created under any applicable law, including but not limited to a warranty of merchantability and warranty of fitness for a particular purpose.
LIMITATION OF LIABILITY
To the extent permitted by law, Accuride shall not be responsible for, and Buyer hereby assumes the risk of, and hereby releases Accuride for any damages or injuries whatsoever (including, without limitation, incidental or consequential damages, damages for lost profits or business interruption, and punitive damages) caused by or related to any use of Accuride products, regardless of any error, omission, interruption, defect, failure of performance, delay in operation or transmission, even if Accuride has previously been advised of such damages. Notwithstanding the foregoing, Accuride’s total liability to Buyer for all losses, damages and causes of action, whether in contract, equity or tort, including negligence and gross negligence, shall not exceed the amount equal to the aggregate price paid for product purchased by Buyer.
These terms are governed by the laws of the State of California. For any claims arising between Buyer and Accuride, the parties agree to submit to the exclusive jurisdiction of the Superior Court of Los Angeles County, California.