Limited Warranty, Exclusive Remedy and Limitation of Liability.

ADCO warrants its products to meet ADCO's published physical properties at the time of sale when tested according to ADCO's standards. Under this limited warranty, if a product is proven to be defective when applied and tested according to ADCO's written instructions, ADCO's entire liability and the Buyer's exclusive remedy will be, at ADCO's sole option: (1) the replacement or repair, at no additional charge, of the quantity of product that is proven to be defective; or (2) refund of the purchase price for the quantity of the product proven to be defective.

Buyer shall determine the suitability of the product for Buyer's intended use and assume all risk and liability arising out of such use. ADCO SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE BEYOND PRODUCT REPLACEMENT OR REPAYMENT OF PURCHASE PRICE AS DESCRIBED IN THIS LIMITED WARRANTY. IN NO EVENT SHALL ADCO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ANY CLAIMS WHETHER BASED ON NEGLIGENCE, CONTRACT, WARRANTY, STRICT LIABILITY OR OTHERWISE, AND IN NO EVENT SHALL ADCO BE OBLIGATED TO PAY DAMAGES TO BUYER FOR ANY AMOUNT EXCEEDING THE PRICE THAT BUYER PAID FOR THE PRODUCT.

Any and all claims that a product is defective must be made in writing within 30 days after discovery of the defect, and in no event more than one year after the original shipment of the product by ADCO. Failure to give ADCO timely notice of any claim constitutes an irrevocable waiver of such claim regardless of the circumstances. THIS LIMITED WARRANTY IS THE BUYER'S SOLE AND EXCLUSIVE REMEDY AGAINST ADCO AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING OR PERFORMANCE, CUSTOM, OR USAGE OF TRADE.

ADCO MAKES NO WARRANTY, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS MADE PURSUANT TO BUYER'S SPECIFICATIONS.

The foregoing limited warranty, exclusive remedy and limitation of liability MAY NOT BE CHANGED without a WRITTEN AMENDMENT signed by a duly authorized officer of ADCO.