Challenger Aviation Products ("Challenger") warrants that products sold by it are, at the time of delivery, free from defects in material and workmanship, provided that no warranty is made with respects to:
(a) any products that has been subject to negligence, accident or improper storage;
(b) any product that has been improperly installed or maintained: or
(c) any product that has been operated beyond normal or recommended replacement intervals.
Challenger's obligation under this warranty is limited to the replacement of, or at Challenger's option, the return of purchase price of any product which is returned to Challenger or its designated representative (at customer's expense) within one (1) year from the date of purchase and which, upon inspection by Challenger is found by Challenger to be defective in material or workmanship. Challenger shall not be responsible for the cost of labor, removing any defective product, or installing any replacement products.
THE AFORESAID WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT BY WAY OF LIMITATION, ANY WARRANTY OF MERCHANT ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL CHALLENGER BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE) NOR LOST PROFITS, NOR SHALL CHALLENGER'S LIABILITY FOR ANY CLAIMS OR DAMAGE ARISING OUT OF OR CONNECTED WITH THE MANUFACTURE, SALE DELIVERY, OR USE OF ANY PRODUCTS EXCEED THE PURCHASE PRICE OF THE PRODUCT.