Technomark warrants that the goods are described in this agreement and that the quality of Technomark’s goods shipped pursuant to this order is consistent.  In all cases of defective merchandise, the Buyer must make an appropriate claim within 60 days of receipt of shipment.  Merchandise will be returned only upon Technomark’s written authorization.  Technomark makes no other warranty of any kind, express or implied, and all implied warranties or merchantability and fitness for a particular purpose are herby disclaimed by Technomark and excluded from this warranty.  No agent, employee, or representative of the Technomark may make representation or warranty concerning the goods sold under this agreement, and unless an affirmation, representation, or warranty made by an agent, employee, or representative is specifically included within this written agreement, it has not formed a part of the basis of this bargain and shall not in any way be enforceable by the Buyer, Technomark’s liability for breach of this warranty is limited to replacing the defective goods or refunding the Buyer the purchase price for that portion of the goods which are defective, whichever remedy the Technomark shall so select.  The Buyer warrants and represents that, if the product(s) purchased from the Technomark are to be applied to equipment, machinery, or supplies for use in medical process, procedures, experimentation or care, or for application or use in storage, processing dissemination of electronically stored data, then the Buyer will join and defend any action or other proceeding to which Technomark is named as a part arisen from any allegation that Technomark was in any way responsible for the failure of such machine, equipment or supply.

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