If material delivered hereunder shall appear to buyer not to be in conformity with applicable specifications or to be defective by reason of any defect in material or workmanship, buyer shall notify Neapco of such condition within ten days after receipt of such material and afford Neapco an opportunity to inspect the same. If such material is found by Neapco not to be in conformity with applicable specifications or to be defective by reason of any defect in material or workmanship, such material will be replaced by Neapco, but Neapco shall not be subject to any further liability or responsibility on account thereof. Neapco may refuse to accept material returned without Neapco's permission. Neapco shall be subject to no liability or responsibility whatsoever arising from failure of any material when used for a purpose other than that for which it was ordered. NEAPCO'S WARRANTIES ARE STRICTLY LIMITED TO THOSE JUST STATED. WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE, BY STATUTE OR OTHERWISE ARE HEREBY DISCLAIMED, and in the event of breach if any warranty or any legal action brought by buyer based on alleged negligence or other tortuous conduct of Neapco, buyers sole and exclusive remedy will be replacement of defective material as stated above. NEAPCO WILL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR CONTINGENT DAMAGES OF ANY KIND.