All products sold by Continental Control Systems, LLC (CCS) are guaranteed against defects in material and workmanship for a period of five years from the original date of shipment. CCS’s responsibility is limited to repair, replacement, or refund, any of which may be selected by CCS at its sole discretion. CCS reserves the right to substitute functionally equivalent new or serviceable used parts.
This warranty covers only defects arising under normal use and does not include malfunctions or failures resulting from: misuse, neglect, improper application, improper installation, water damage, acts of nature, lightning, product modifications, alterations or repairs by anyone other than CCS.
Except as set forth herein, CCS makes no warranties, expressed or implied, and CCS disclaims and negates all other warranties, including without limitation, implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
In no event shall CCS be liable for any indirect, special, incidental, punitive or consequential damages of any kind or nature arising out of the sale or use of its products whether such liability is asserted on the basis of contract, tort or otherwise, including without limitation, lost profits, even if CCS has been advised of the possibility of such damages.
Customer acknowledges that CCS’s aggregate liability to Customer relating to or arising out of the sale or use of CCS’s products, whether such liability is asserted on the basis of contract, tort or otherwise, shall not exceed the purchase price paid by Customer for the products in respect of which damages are claimed. Customer specifically acknowledges that CCS’s price for the products is based upon the limitations of CCS’s liability set forth herein.