All products of Best Flow Line Equipment, L.P.’s (“Best” or “Seller”) manufacture are warranted against defects of material and workmanship for a period of twelve (12) months from date of shipment, when such products are used in the service and within the pressure range for which they were manufactured. In the case of products or parts not wholly of Seller’s manufacture, Seller’s liability shall be limited to the extent of its recovery from the manufacturer of such products or parts under its liability to Seller. Any repair work performed by Seller is warranted for one (1) year from completion of such repairs and applies only to work performed.
If, within these specified periods, the Seller receives notice from Buyer of any alleged defect in or nonconformance of any product or repair and if, in the Seller’s sole judgment, the product or repair does not conform or is found to be defective in material or workmanship, then, Buyer shall, at Seller’s request, return the part or product F.O.B. to Seller’s designated plant or service location. Seller at its option and expense, shall repair or replace the defective part or product, or repay to Buyer the full price paid by Buyer for such defective part, repair or product. Any repayment of purchase price shall be without interest.
Seller’s warranty liability, including defects caused by Seller’s negligence, shall be limited to such repair, replacement or refund, and shall not include claims for labor costs, expenses of Buyer resulting from such defects, recovery under general tort law or strict liability or from damages resulting from delays, loss of use, or other direct, indirect, incidental or consequential damages of any kind. THE SELLER IS NOT LIABLE TO BUYER, AND BUYER HEREBY WAIVES FOR ITSELF, ITS AFFILIATES AND ASSIGNS ALL LIABILITY FOR CONSEQUENTIAL DAMAGES WHETHER CLAIMED BY ANY PERSON OR ENTITY ON THE BASIS OF SELLER’S ALLEGED BREACH OF ANY LEGAL DUTY, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCTS LIABILITY, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHATSOEVER, INCLUDING, WITHOUT LIMITATION DAMAGES TO OR LOSS OF THE USE OF PROPERTY OR EQUIPMENT NOT PART OF THE PRODUCT, CLAIMS FOR INJURY OR DEATH TO ANY PERSON ARISING FROM SELLER’S ALLEGED BREACH OF A LEGAL DUTY, CLAIMS FOR DELAY OR DELAY DAMAGES, LOSS-OF-USE FINES, PENALTIES, LIQUIDATED DAMAGES, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PRODUCT, LOSS OF PROFITS OR REVENUE, COST OF REPAIRS OR MITIGATION, CLAIMS OF BUYER’S CUSTOMERS OR OTHER THIRD PARTIES ARISING THEREFROM AND ALL COSTS, AND ATTORNEY FEES OF DEFENDING ANY OF THE FOREGOING. Seller will not be responsible for failures of products which have been in any way tampered with or altered by anyone other than an authorized representative of Seller, failures due to lack of compliance with recommended maintenance procedures, or products which have repaired or altered in such a way (in Seller’s judgment) as to affect the products adversely. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, WHICH EXCEEDED THE FORGOING WARRANTY.
This warranty will be governed and interpreted exclusively in accordance with the laws of the state of Texas, without reference to provision concerning conflicts of laws. If any provision of this warranty is found by any court or arbitrator to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected thereby. This warranty constitutes the entire contract between the parties concerning the subject matter of this warranty and supersedes all marketing brochures and other expectations, understandings, communications, representations and agreements, whether verbal or written, between the parties. The parties to this warranty consent that any action or proceeding involving this agreement shall be brought and enforced in any Texas state or U.S. federal court in Houston, Harris County, Texas, and the parties waive, to the fullest extent possible, any contest or complaints concerning the forum, venue or the forum not being convenient for the parties.