The following is Miner Elastomer Products Corporation standard warranty. SELLER warrants that all Products sold hereunder are free from defects in material and workmanship which would render such Products unserviceable or unfit for their ordinary recommended industrial or commercial use. THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESSED OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS. The SELLER shall not be liable for incidental or consequential losses, damages or expenses, directly or indirectly arising from the sale, handling or use of the Products, or from any other cause relating thereto, and the SELLER’s liability hereunder in any case is expressly limited to replacement (in the form originally shipped) or repair of Products not complying with this Agreement, or, at the SELLER’s election, to the repayment of, or crediting the PURCHASER with, an amount equal to the purchase price of such Products, whether such claims are for breach of warranty or negligence. Any claim by the PURCHASER with reference to Products sold hereunder for any cause shall be deemed waived by the PURCHASER unless the SELLER is notified in writing within Twelve (12) months from the date of shipment by SELLER.