Knauf Insulation GmbH ("KI") warrants that all goods furnished are free from defect in workmanship and material as of the time and place of delivery. (Also, where KI undertakes to perform or assist in any servicing or replacement, KI warrants that its performance or assistance will be free from defect in material and workmanship.) KI’s warranties are extended only to the buyer and Knauf Insulation GmbH DISCLAIMS ALL OTHER EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES AS TO THE QUALITY OF ANY GOODS OR SERVICES FURNISHED BY KI, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

In the event any of the goods are not free from defect in workmanship and materials, the exclusive remedies therefore shall be replacement or return of the purchase price upon authorized return of the defective goods. Selection among these remedies shall in each case be at KI’s reasonable discretion. Any such claim against KI must be made in detail and in writing and promptly pursued. Goods that Purchaser claims are defective must be retained by Purchaser for inspection by a KI representative.

 

One year and one day after delivery, all of Knauf Insulation’s warranties and other duties with respect to the exclusive remedies provided for herein shall be conclusively presumed to have been satisfied. All liability thereafter terminates, and no action for breach of any such warranty or duty against KI may thereafter be commenced.

KI shall not be liable for any incidental or consequential damages under any circumstances whatsoever, whether based on lost goodwill, lost resale profits, work stoppage, impairment or other goods or otherwise and whether arising out of breach of any warranty, breach of contract, negligence or otherwise.