Dudick, Inc. (“Dudick”) warrants all goods of its manufacture to be as represented in its catalogs and that the manufacture of its products by its employees or sub-contractors shall be performed in a workmanlike manner. Dudick’s sole obligation under this warranty shall be to replace any material which its examination shall disclose to be defective. Dudick makes no warranty concerning the suitability of its product for application to any surface, it being understood that the goods have been selected and the application ordered by the Purchaser.

DUDICK, INC. MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT THE GOODS SHALL BE MERCHANTABLE OR THAT THE GOODS ARE FIT FOR ANY PARTICULAR PURPOSE. THE WARRANTY OF REPAIR OR REPLACEMENT SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES ARISING BY LAW OR OTHERWISE; AND DUDICK INC. SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DOWN TIME, DAMAGES TO PROPERTY OF THE PURCHASER OR OTHER PERSONS, OR DAMAGES FOR WHICH THE PURCHASER MAY BE LIABLE TO OTHER PERSONS, WHETHER OR NOT OCCASIONED BY DUDICK’S NEGLIGENCE.

This warranty shall not be extended, altered or varied except by written instrument signed by Dudick and Purchaser.