A. All warranty periods begin from the date of shipment from the FutureCow manufacturing facility. For three (3) years from this date, FutureCow warrants proper functioning of the control system which actuates the moving, replaceable parts of the Product. Tubing and plumbing fittings are warranted for (30) days against defects and all other external components are warranted against defects in material and workmanship for a period of six (6) months. FutureCow warrants proper functioning of the scrubber unit for up to 200,000 milkings or thirteen (13) months from the date of shipment from FutureCow warehouse, whichever occurs first. The additional, replaceable parts and constituent parts are warranted for thirty (30) days. This warranty does not apply to defects resulting from any Customer actions, such as mishandling, operation outside of design limits, misapplication, improper repair, opening sealed units or parts, or unauthorized modification. For customers outside of the United States and Canada, all warranty periods are extended by an additional 6 months to account for shipping and holding time. FutureCow is continually improving our products and we recommend holding no more than a 6-month stock of parts to ensure you are always receiving the most updated technology. FutureCow reserves the right to amend its warranty at any time upon notice to its customers. FutureCow will not be obligated to honor any warranty unless it has been paid in full for the Products. ANY AND ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED.
B. Notwithstanding anything to the contrary in this Agreement or any applicable FutureCow warranty, no warranty of any kind shall attach or apply in any fashion to loss claimed to be attributable to the condition of dairy animals cleaned by any Product, including infectious diseases, mastitis, changes or elevations in somatic cell count, standard platelet count, or any other factor that may affect the salability, merchantability, or price of the milk produced. In addition, any injuries or loss of productivity claimed to be attributable to the functioning of the Product are hereby excluded.
C. Buyer acknowledges that component parts and chemical agents provided are an integrated system specifically engineered to function together. In the event that Buyer utilizes or permits the use of any component part, device, or chemical agent not provided or authorized by FutureCow with any Products, the terms of FutureCow’s warranty shall be null and void ab initio, and of no legal force or effect.
D. Buyer’s remedy for breach of warranty is hereby expressly limited to repair or replacement of defective parts at no additional cost. No other remedy at law or equity shall be actionable in any forum. All additional components of claimed damage, such as claims for lost profits or other consequential, special, indirect, incidental and exemplary (punitive) damages are hereby excluded even if FutureCow has been advised of the possibility of such damages. FUTURECOW’S MAXIMUM LIABILITY HEREUNDER SHALL NOT EXCEED THE AGGREGATE DOLLAR AMOUNT PAID BY BUYER FOR THE PURCHASE OF THE PRODUCTS AT ISSUE.