Eagle Companies warrants to Customer that the equipment will conform to the specifications or description set forth in proposal and will be free from defects in material and workmanship for a period of twelve (12) months after acceptance (the “Warranty Period”). The foregoing warranties are conditioned upon Customer (a) giving Eagle Companies notice of the defect within thirty (30) days after Customer discovers or should have discovered such defect and , in any event, within thirty (30) days after the end of the Warranty Period, and (b) keeping adequate records to establish it has operated and maintained the Equipment in accordance with Eagle Companies instructions and has not undertaken any repair or alteration of the equipment with out Eagle Companies consent, and (c) not being in default of any payment obligation to Eagle Companies. The foregoing warranties shall not apply to normal wear and tear, decomposition by chemical action, wear caused by the presence of abrasive materials or damages caused in transit or misuse, neglect, accident, improper installation, negligence or abuse or by abnormal conditions of temperature, moisture or dirt. THE WARRANTIES SET FORTH IN THIS SECTION ARE EAGLE COMPANIES SOLE AND EXCUSIVE WARRANTIES. EAGLE COMPANIES MAKES NO OTHER WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING BY CUSTOM TRADE USAGE, PROMISE, EXAMPLE OR DESCRIPTION.
Within a reasonable period after receipt of timely notice of a breach of the foregoing warranty, Eagle Companies shall, at its sole option, either (i) repair or replace such defective equipment or (ii) refund the amount paid for the defective equipment. The foregoing shall be Customer’s sole remedy for breach of warranty. If Eagle Companies Determines any claimed defect is not covered by the foregoing warranty, Customer shall pay Eagle Companies the customary charges.