ENCON HEREBY DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED OR STATUTORY INCLUDING THE IMPLIED WARRANTY OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE NON-INFRINGEMENT OF THIRD-PARTY RIGHTS EXCEPT AS HEREAFTER PROVIDED. Encon warrants the equipment to be free of defects in materials and workmanship if properly installed, cared for and operated under normal conditions with competent supervision and in accordance with Encon's installation, operation and maintenance instructions. With respect to the equipment, Encon's only obligation and the purchaser's exclusive remedy under this warranty is to repair or replace such equipment:
As it proves defective and Encon is so notified within one year after shipment.
As it shall appear to Encon's satisfaction to have been defective in materials or workmanship and;
Encon is provided an opportunity to inspect such material or workmanship, and at its option, allowed to repair or replace such material or workmanship.
Notwithstanding anything to the contrary contained herein, Encon shall not be liable for loss, damage or expense arising directly or indirectly as a consequence of use of the equipment with other products, or from any other cause including any consequential, incidental, special or exemplary damages, including lost profits, loss of business or labor costs, except for Encon's obligation to repair or replace defective equipment or other products as expressly provided in this warranty statement.
PURSUANT TO SECTION 2.314 OF THE TEXAS BUSINESS AND COMMERCE CODE, CUSTOMER'S PURCHASE AND ACCEPTANCE OF ENCON PRODUCTS SHALL BE DEEMED TO BE ITS AGREEMENT TO BE BOUND BY THE TERMS AND PROVISIONS OF THIS LIMITED WARRANTY AS SET OUT HEREIN.
Under no circumstances will Encon ever be liable for indirect or consequential loss or damage. Encon assumes no liability for labor and/or other expenses incurred by anyone without Encon's expressed and written consent. Equipment replacement parts purchased from Encon are warranted for one (1) year or until the expiration of the warranty period for the equipment, whichever is less. No warranty is given in connection with equipment or other products which are altered or rebuilt without Encon's expressed and written consent. The same warranty limitations and the obligation of Encon as set out herein above shall apply to replacement parts. Under no circumstances shall Encon's total liability of all kinds arising out of this warranty (including but not limited to warranty claims) regardless of forum and regardless of whether such action or claim is based on tort, contract or otherwise exceed the total purchase price of the products.