Cross Manufacturing, Inc.’s (“Supplier”) products are warranted against defects in workmanship and materials for a period of twelve (12) months from the date of first use or eighteen (18) months from the date of shipment from Supplier’s factory, whichever shall first occur, when properly installed within product specifications and under normal operating conditions. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Supplier’s obligation under this warranty is limited, at its option, to repair or replacement of the product or part, f.o.b. Supplier’s factory, and subject to Supplier’s inspection. Any additional parts or labor required to rebuild or replace (not covered under warranty) will be charged to Buyer. Products returned for warranty consideration must be shipped prepaid. Products found to be defective will be returned to the customer prepaid and credit will be issued for incoming freight charges. This warranty does not obligate Supplier to bear any cost of labor for field replacement or incurred liability for system malfunction of items installed on equipment. No products may be returned for warranty claim without written approval. Warranty consideration will not be given for bent or broken piston rods as this indicates that the cylinder was improperly mounted or misapplied. Supplier is not obligated for any repair or replacement of any products altered or repaired by anyone other than an authorized Supplier representative. Supplier reserves the right to discontinue products or make design changes, which do not affect product installation interchangeability, at any time without incurring any obligations. IN NO EVENT, REGARDLESS OF THE FORM OF ACTION, SHALL SUPPLIER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE ARISING OUT OF CLAIMS FOR LOSS OF USE, BUSINESS, GOODWILL, OR PROFITS, AND CLAIMS ARISING OUT OF THIRD PARTY ACTIONS, REGARDLESS OF WHETHER SUCH THIRD PARTY ACTIONS, OR ANY OTHER CLAIMS, LOSSES, OR DAMAGES, WERE REASONABLY FORESEEABLE TO BUYER OR SUPPLIER. SUPPLIER’S LIABILITY SHALL BE NOT GREATER IN AMOUNT IN THE AGGREGATE THAN THE PURCHASE PRICE OF THE PRODUCTS IN RESPECT OF WHICH LOSSES OR DAMAGES ARE CLAIMED.