7. Warranties and Limitations. We warrant that the goods shall be free from defects in materials or workmanship when they leave our factory. For purposes of this paragraph, defective goods are goods which are found by us to have been defective in materials or workmanship at the time they left our factory if the defect materially impairs the value of the goods which are found by us to have been defective in materials or workmanship at the time they left our factory if the defect materially impairs the value of the goods to you. THE WARRANTY HEREIN IS IN LIEU OF ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, IN PARTICULAR, WE MAKE NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE SHALL HAVE NO LIABILITY TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, OR OTHER ECONOMIC INJURY.
8. Resale. On any resale of the goods, you shall not make any warranty or representation concerning the goods to the consumer other than the warranty we offer to the consumer in our published product literature.
9. Claims. We are not responsible for damage to goods which occurs in transit or storage. It is your responsibility to examine goods upon receipt and to file any claims with the carrier. If you believe you have any claim against us for apparent defects, errors, or shortages in the goods, you must make your claim in writing within five (5) working days after delivery of the goods in question. If you fail to make any claim against us within five (5) days after the goods in question are delivered, you shall be deemed to have accepted the goods and waived any apparent defects, errors, or shortages.
10. Remedy for Defective Goods. If, upon examination of your claim, we determine that the goods in question were defective as defined in paragraph7, we will negotiate a reasonable settlement of your claim. You must obtain our consent before you return any goods. When we give our authorization for return, the goods must abe shipped prepaid at your expense. Only unused goods in their original shipping containers will be accepted.
11. Our Rights. We shall have all rights and remedies given to sellers by applicable law. Our rights and remedies shall be cumulative and may be exercised from time to time. We shall not lose any right because we have not exercised it in the past.
12. Indemnity. If you do not perform any obligation under this Agreement, you will indemnify and hold us harmless as to all resulting damages, losses, claims and expenses, including attorney fees. We will not be liable to you for any claim by or damage to any third party, including any employee of yours, that you incur in connection with the goods.
13. Applicable Law. We agree that this Agreement shall be governed by, and interpreted to, Michigan law. Any lawsuit arising out of this Agreement or the goods may be handled by any federal or state court in Grand Rapids, Michigan, and you consent that the court shall have personal jurisdiction over you and that the mailing of any process by registered mail to your last known address shall constitute lawful and valid service of process.
14. Severability. If any provision of this Agreement is invalid or unenforceable under any law, the provision shall be ineffective to that extent for the duration of the illegality, but the remaining provisions shall be unaffected.