LIMITATIONS OF WARRANTIES
• Alpha warrants that the Products are, at the time of delivery to the Distributor, free of material and workmanship defects, provided that no warranty is made with respect to: (a) any Product which has been repaired or altered in such a way, in Alpha’s judgment, as to affect the Product adversely; (b) any Product which has, in Alpha’s judgment, been subject to misuse, negligence, abuse, accident, or improper storage; or (c) any Product which has not been installed, operated, and maintained in accordance with normal practice and in conformity with recommendations and published specifications of Alpha. At its option, Alpha shall repair, replace, or refund the purchase price of any non-conforming Products for a period of one (1) year from the date of shipment to the Distributor, and such obligation shall be Alpha’s exclusive obligation, and the full extent of its liability, and the Distributor’s exclusive remedy. At its option, Alpha shall repair, replace, or refund the purchase price of any non-conforming FIT® tools for a period of ninety (90) days from the date of shipment to the Distributor, and such obligation shall be Alpha’s exclusive obligation, and the full extent of its liability, and the Distributor’s exclusive remedy.Alpha’s liability with respect to any material not of Alpha’s manufacture shall be limited to the liability assumed by the vendor(s) of such material.

• Upon discovery of a defect with respect to any Products delivered hereunder, Distributor shall notify Alpha in writing within thirty (30) days of such discovery of any claim whatsoever that Distributor may have with respect to such Products, and failure to give such notice within the specified time shall constitute an unqualified acceptance and waiver of all claims with respect to such Products. Upon receipt of notice from Distributor of non-conforming Products,Alpha may inspect such Products at Distributor’s location or require that they be returned to Alpha F.O.B. Company’s designated location. Distributor may not return material until it receives from Alpha a written Return Material Authorization. Upon receipt of a Return Material Authorization, Distributor may return the merchandise to Alpha’s facility.

• THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

• Alpha shall not be responsible for any claim asserted against Alpha because Distributor gave a different or greater warranty than Alpha’s. Distributor shall defend and indemnify Alpha for such claims.

LIMITATION OF LIABILITY
• IN NO EVENT SHALL ALPHA BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BY WHOMEVER INCURRED (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE), INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, DATA,TIME, REVENUES OR THE LIKE, NOR, EXCEPT FOR ALPHA’S PATENT INDEMNITY OBLIGATIONS UNDER SECTION 5.2 OF SCHEDULE 3, SHALL ALPHA’S TOTAL LIABILITY FOR ANY CLAIMS OR DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE) ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT WITH RESPECT TO ANY PARTICULAR ALPHA PRODUCTS, OR THE MANUFACTURE, SALE, DELIVERY OR USE OF ANY PARTICULAR ALPHA PRODUCTS, EXCEED THE PURCHASE PRICE OF SUCH PRODUCTS. THIS CLAUSE SHALL SURVIVE BOTH FAILURE OF AN EXCLUSIVE REMEDY AND TERMINATION OR EXPIRATION OF THIS AGREEMENT

REPLACEMENT OF DEFECTIVE GOODS
• If material is claimed to be defective, a sample of the defective material or the defective tool itself must be forwarded to Alpha’s Quality Assurance Department with a written explanation of the specific defect. Upon examination by Alpha’s Quality Assurance Department and verification of the defect, Alpha will issue authorization to return the balance of the material, freight collect. At Alpha’s option, Alpha will repair, replace, or issue credit for said defective material.
• Alpha’s liability and responsibility for defective products is specifically limited to the defective item or to credit towards the original billing. All replacements by Alpha under the provisions of this clause shall be made free of charge, F.O.B. delivery point called for in the original order. Products for which replacement has been made under the provisions of this clause shall become the property of Alpha and shall be returned to Alpha by its Distributor, in accordance with Alpha’s shipping instructions.