(a) Warranty. CCG warrants that goods shall be delivered free of defects in material and workmanship, and otherwise in conformance with applicable specifications. The Warranty Remedy Period for goods under this Section shall end 30 days after the date of shipment.
(b) Remedy. If a nonconformity to the foregoing warranty is discovered in the goods during the Warranty Remedy Period, as specified above, under normal and proper use and provided the goods have been properly stored, installed, operated and maintained and written notice of such nonconformity is provided to CCG promptly after such discovery and within the applicable Warranty Remedy Period, CCG shall, at its option, either (i) repair or replace the nonconforming portion of the goods or (ii) refund the portion of the price applicable to the nonconforming portion of goods.
(c) Exceptions. In no event shall CCG be responsible for gaining access to the goods, disassembly, reassembly or transportation of the product or parts from or to the place of installation, all of which shall be at Purchaser’s risk and expense. CCG shall have no obligation hereunder with respect to any goods which (i) have been improperly repaired or altered; (ii) have been subjected to misuse, negligence or accident; (iii) have been used in a manner contrary to CCG’s instructions; (iv) are comprised of materials provided by or a design specified by Purchaser; or (v) have failed as a result of ordinary wear and tear. Goods supplied by CCG but manufactured by others is warranted only to the extent of the manufacturer’s warranty, and only the remedies, if any, provided by the manufacturer will be allowed.
(d) THE WARRANTIES PROVIDED UNDER THIS AGREEMENT OR THE GENERAL AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF QUALITY AND PERFORMANCE, WHETHER WRITTEN, ORAL OR IMPLIED, AND ALL OTHER WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USAGE OF TRADE ARE HEREBY DISCLAIMED. THE REMEDIES STATED HEREIN CONSTITUTE PURCHASER’S EXCLUSIVE REMEDIES AND CCG’S ENTIRE LIABILITY FOR ANY BREACH OF WARRANTY.
