Brooke Cutting Tools USA, warrants to original equipment manufacturers,
distributors, and industrial and commercial users of its products that each new
product which it manufactures or supplies is free from defects in material and
workmanship. Its sole obligation under this warranty is limited to
furnishing, without additional charge, a replacement for, or, at its option,
repairing or issuing credit for any such product which shall, within one year
from the date of sale by Brooke Cutting Tools USA, is determined by Brooke
Cutting Tools USA to be defective in materials, or workmanship. The
provisions of this warranty shall not apply to any product which has been
subjected to misuse, improper operating conditions, machine setup or which has
been repaired or altered, if such would adversely affect performance of the
product. Complete written information with respect to all such matters
must be furnished to Brooke Cutting Tools USA, as a prerequisite to its
consideration of any claim or complaint under this warranty. The repair,
replacement or issuance of credit for parts provided for in this warranty
constitutes the Buyer's EXCLUSIVE REMEDY.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
Brooke Cutting Tools USA, shall have no liability or responsibility
on any claim of any kind, whether in contract, tort or otherwise, for
any loss or damage arising out of, connected with, or resulting from the
manufacture, sale, delivery or use of any product sold hereunder, in
excess of the cost of replacement or repair as provided herein. IN
NO EVENT SHALL BROOKE CUTTING TOOLS USA BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES. Brooke Cutting Tools USA
neither assumes nor authorizes any other person or entity to assume for
it any other obligation or liability in connection with any of its
products.