ND warrants the Products and/or Services to be free from defects in material and workmanship under normal and recommended use and that the Products and/or Services will conform to ND’s published specifications or, if applicable, Buyer’s specifications accepted by ND in a separate writing. ND’s obligation under this warranty shall be limited to providing replacement products to the extent of any defective Products and/or Services, or at ND’s election, to the repayment or crediting of Buyer with an amount equal to the purchase price of such defective Products and/or Services whether such claims are for breach of warranty, breach of contract, or negligence. This warranty shall extend for twelve (12) months from date of the original purchase by the original buyer only, and shall apply only to those goods which upon ND’s examination disclose to its satisfaction that the Products and/or Services in question were in fact defective. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON ND’S PART. THIS WARRANTY SHALL NOT APPLY TO ANY PART WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE OR MISUSE OR WHICH IS DEFECTIVE. ND MAKES NO WARRANTY WHATSOEVER IN RESPECT TO ACCESSORIES OR PARTS OR CHEMICALS NOT SUPPLIED BY ND. Notwithstanding the foregoing, any parts purchased by ND from its vendors shall only carry the vendor’s specific warranty, to the extent transferable to Buyer. No representation or warranty, expressed or implied, made by any sales representative or other agent or representative of ND, which is not specifically set forth herein, shall be binding upon ND.