WHAYNE SUPPLY COMPANY warrants that the parts delivered hereunder will conform to the description set forth on the face hereof and that they are merchantable (within the meaning of the Uniform Commercial Code). If the parts delivered by WHAYNE were selected by WHAYNE from parts lists or other information in its possession. WHAYNE further warrants that the parts delivered by it are the replacement parts, or the equivalent thereof, most recently recommended to WHAYNE by the applicable manufacturer for the attachment to the machinery or equipment. WHAYNE MAKES NO OTHER WARRANTY EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS THE WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE.

CUSTOMERS SOLE REMEDY FOR BREACH BY WHAYNE SUPPLY COMPANY OF ANY WARRANTY SHALL BE LIMITED, AT WHAYNE'S OPTION, TO A REPLACEMENT BY WHAYNE OF ANY PART NOT CONFORMING TO THE ORDER OR OF ANY UNMERCHANTABLE PART, OR A REFUND OF CUSTOMER'S PURCHASE PRICE THEREFOR WHEN THE PART IS DELIVERED TO WHAYNE'S BRANCH AT CUSTOMER'S EXPENSE. UPON PERFORMANCE BY WHAYNE OF ANY SUCH REPLACEMENT OR REFUND, WHAYNE SHALL BE RELEASED FROM ALL FURTHER CLAIMS FOR DAMAGES. CUSTOMER AGREES THAT NEITHER WHAYNE SUPPLY COMPANY NOR ITS AGENTS OR EMPLOYEES SHALL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF TIME OR USE OR INJURY TO PERSON OR PROPERTY) RESULTING, OR ALLEGED TO RESULT, FROM ANY BREACH OF WARRANTY BY WHAYNE.

USED PARTS
Any used parts covered by this parts order are sold AS IS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND MAY NOT BE RETURNED.